reglab/housing_qa huggingface dataset:
GA Code § 10-6-24 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 2 - Relations Between Principal and Agent|§ 10-6-24. Agent Not to Buy or Sell for Himself

 Without the express consent of the principal after a full knowledge of all the facts, an agent employed to sell may not himself be the purchaser; and an agent to buy may not himself be the seller.   (Orig. Code 1863, § 2164; Code 1868, § 2160; Code 1873, § 2186; Code 1882, § 2186; Civil Code 1895, § 3010; Civil Code 1910, § 3582; Code 1933, § 4-204.)   Law reviews.   - For article surveying important general legal principles of municipal and county government purchasing and contracting in Georgia, see 16 Mercer L. Rev. 371 (1965).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application    OPINIONS OF THE ATTORNEY GENERAL    Real estate broker may not retain the amount received above the net listing,  in excess of the broker's usual commission, unless the broker's contract with the seller so provides, and may not conceal from the seller the amount received from the purchaser. 1945-47 Op. Att'y Gen. p. 510.   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agency, §§ 198 et seq., 208.   C.J.S.   - 2A C.J.S., Agency, § 288 et seq.   ALR.    - Rights and remedies of principal where agent professes to sell principal's property without disclosing that he is the purchaser, 62 A.L.R. 63.    Duty and liability of former employee to former employer in respect of transactions or matters pending and uncompleted at termination of employment, 100 A.L.R. 684.    Rights and obligations of real estate broker employed to sell property as affected by option to purchase for himself, 164 A.L.R. 1378.   Rights and remedies where broker or agent, employed to purchase personal property, buys it for himself, 20 A.L.R.2d 1140.   Liability of vendor's real estate broker or agent to purchaser or prospect for misrepresenting or concealing offer or acceptance, 55 A.L.R.2d 342.
GA Code § 10-6-26 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 2 - Relations Between Principal and Agent|§ 10-6-26. Estoppel of Agent to Dispute Principal's Title

 An agent may not dispute his principal's title, except in such cases where legal proceedings, at the instance of others, shall have been commenced against him.   (Orig. Code 1863, § 2166; Code 1868, § 2162; Code 1873, § 2188; Code 1882, § 2188; Civil Code 1895, § 3012; Civil Code 1910, § 3584; Code 1933, § 4-206.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agency, § 198 et seq.   C.J.S.   - 2A C.J.S., Agency, § 267.   ALR.    - Liability of one who signs commercial paper in blank to be used for his own benefit where it is wrongfully used by an agent or employee, 43 A.L.R. 198.
GA Code § 10-6-27 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 2 - Relations Between Principal and Agent|§ 10-6-27. Right of Principal to Follow Money Deposited by Agent

 A principal may follow his money deposited by an agent in the latter's name and recover the same wherever found, unless the rights of innocent third persons shall have intervened.   (Civil Code 1895, § 3005; Civil Code 1910, § 3577; Code 1933, § 4-208.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agency, § 181.   C.J.S.   - 2A C.J.S., Agency, § 308.   ALR.    - Liability of receiver in his official capacity for torts or negligence of receivership employees, 10 A.L.R. 1055.    Deposit to individual account of checks or notes drawn or endorsed by agent or fiduciary, as charging bank with notice of misappropriation, 57 A.L.R. 925; 64 A.L.R. 1404; 106 A.L.R. 836; 115 A.L.R. 648.    Deposit by trustee of funds of separate trusts in a single bank account, 117 A.L.R. 179.    When statute of limitations commences to run against action by principal to recover money or other property from agent, 141 A.L.R. 361.
GA Code § 10-6-28 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 2 - Relations Between Principal and Agent|§ 10-6-28. When Agent Depositing Principal's Money Not Liable for Bank Failure

 If the money of a principal shall be deposited by a private agent in the name of the principal in the hands of a bank of good credit and the deposit is according to the common usage of the place, the agent shall not be responsible for any loss arising from the failure of the bank.   (Civil Code 1895, § 3008; Civil Code 1910, § 3580; Code 1933, § 4-209.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agency, § 223.   C.J.S.   - 2A C.J.S., Agency, § 317.   ALR.    - Who must bear loss of funds from failure of bank, at which bill or note is payable, during delay in presenting it, 2 A.L.R. 1381.    Liability of receiver in his official capacity for torts or negligence of receivership employees, 10 A.L.R. 1055.    Deposit to individual account of checks or notes drawn or endorsed by agent or fiduciary, as charging bank with notice of misappropriation, 57 A.L.R. 925; 64 A.L.R. 1404; 106 A.L.R. 836; 115 A.L.R. 648.    Personal liability of agent in respect of funds received from third person and turned over to principal not entitled thereto, 82 A.L.R. 307.    Responsibility of attorney, broker, or other agent depositing his principal's money in his own name or account for loss resulting from the failure of depository or depreciation of currency, 96 A.L.R. 798.   Liability of attorney for loss of client's money or personal property in his possession or entrusted to him, 26 A.L.R.2d 1340.
GA Code § 10-6-29 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 2 - Relations Between Principal and Agent|§ 10-6-29. Mingling Goods of Principal and Agent

 An agent, by willfully mingling his own goods with those of his principal, shall not create a tenancy in common; but, if incapable of separation, the whole shall belong to the principal.   (Orig. Code 1863, § 2171; Code 1868, § 2167; Code 1873, § 2193; Code 1882, § 2193; Civil Code 1895, § 3020; Civil Code 1910, § 3592; Code 1933, § 4-210.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agency, § 224.   C.J.S.   - 2A C.J.S., Agency, § 317.   ALR.    - Responsibility of attorney, broker, or other agent depositing his principal's money in his own name or account for loss resulting from the failure of depository or depreciation of currency, 96 A.L.R. 798.    When statute of limitations commences to run against action by principal to recover money or other property from agent, 141 A.L.R. 361.   Liability of attorney for loss of client's money or personal property in his possession or entrusted to him, 26 A.L.R.2d 1340.
GA Code § 10-6-30 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 2 - Relations Between Principal and Agent|§ 10-6-30. Agents and Fiduciaries to Keep Accounts; Effect of Neglect

 It shall be the duty of agents, trustees, administrators, guardians, conservators, receivers, and all other fiduciaries to keep their accounts in a regular manner and to be always ready with them supported by proper vouchers; neglect of this duty shall be ground for charging them with interest on balances on hand and with costs.   (Civil Code 1895, § 3007; Civil Code 1910, § 3579; Code 1933, § 4-211; Ga. L. 2006, p. 805, § 2/SB 534.)   OPINIONS OF THE ATTORNEY GENERAL    County administrator/county guardian may aggregate the funds  of the estates the administrator administers in a single fiduciary account provided that accurate records are maintained separately identifying the monies and disbursements of each estate included in the aggregation. 1982 Op. Att'y Gen. No. U82-31.   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agency, §§ 192, 214, 222, 225.   24 Am. Jur. Pleading and Practice Forms, Trusts, § 248 et seq.   C.J.S.   - 2A C.J.S., Agency, §§ 313, 314, 315, 320.   ALR.    - Authority of agent to assent to account stated, 2 A.L.R. 71.    Right of agent to offset his own claim against collection made for principal, 2 A.L.R. 132.    Liability of receiver in his official capacity for torts or negligence of receivership employees, 10 A.L.R. 1055.    Necessity of proof by trustee that charges or expenses for which he claims credit upon an accounting were proper disbursements, 13 A.L.R. 364.    Rate of interest chargeable against guardians, executors or administrators, and trustees, 37 A.L.R. 447; 55 A.L.R. 950; 112 A.L.R. 833; 156 A.L.R. 936.    Deposit by trustee of funds of separate trusts in a single bank account, 117 A.L.R. 179.    When statute of limitations commences to run against action by principal to recover money or other property from agent, 141 A.L.R. 361.   Guardian's liability for interest on ward's funds, 72 A.L.R.2d 757.
GA Code § 10-6-33 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 2 - Relations Between Principal and Agent|§ 10-6-33. Revocation of Agency - When and How Done; Damages for Unreasonable Revocation

 Generally, an agency is revocable at the will of the principal. The appointment of a new agent for the performance of the same act or the death of either principal or agent revokes the power. If, however, the power is coupled with an interest in the agent himself, it is not revocable at will. In all cases the agent may recover from the principal, for an unreasonable revocation, any damages he may have suffered by reason thereof.   (Orig. Code 1863, § 2161; Code 1868, § 2157; Code 1873, § 2183; Code 1882, § 2183; Ga. L. 1894, p. 44, § 1; Civil Code 1895, § 3003; Civil Code 1910, § 3575; Code 1933, § 4-214.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agency, §§ 31 et seq., 34 et seq., 37 et seq., 42 et seq., 45 et seq., 49 et seq.   C.J.S.   - 2A C.J.S., Agency, § 99 et seq.   ALR.    - Rights and remedies upon cancellation of sales agency, 32 A.L.R. 210; 52 A.L.R. 546; 89 A.L.R. 252.    Death or incompetency of principal as affecting existing power of attorney to confess judgment, 44 A.L.R. 1310.    What constitutes power coupled with interest within rule as to termination of agency, 64 A.L.R. 380; 28 A.L.R.2d 1243.    Payment to agent after death of principal, 67 A.L.R. 1419.    Power of attorney as authorizing gift or conveyance or transfer without a present consideration, 73 A.L.R. 884.    When attorney's power deemed coupled with an interest so as to prevent discharge or revocation, 97 A.L.R. 923.    Duty and liability of former employee to former employer in respect of transactions or matters pending and uncompleted at termination of employment, 100 A.L.R. 684.    Grounds for discharge of servant or agent existing during lifetime of employer, but unknown to him, as available to his executor or administrator, 109 A.L.R. 474.    Construction, application, and effect of statutory provision that directors of corporation may remove officer, agent, or employee at pleasure, 111 A.L.R. 894.    Real estate broker's right to compensation as affected by death of person employing him, 146 A.L.R. 828.    Implied obligation of employee not to use trade secrets or confidential information for his own benefit or that of third persons after leaving the employment, 165 A.L.R. 1453.    Agency conferred upon partners as affected by dissolution of the partnership, 170 A.L.R. 512.   What constitutes power coupled with interest within rule as to termination of agency, 28 A.L.R.2d 1243.   Termination by principal of distributorship contract containing no express provision for termination, 19 A.L.R.3d 196.
GA Code § 10-6-34 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 2 - Relations Between Principal and Agent|§ 10-6-34. Revocation of Agency - Effect of Death or Disability on Pledge of Stock With Power of Attorney

 Every creditor or other person advancing money upon the pledge of a certificate of stock or other scrip representing an ownership or interest in corporations in Georgia shall have such an irrevocable interest in such certificate of stock or other scrip as not to be affected by the death, insanity, or legal disability thereafter of the person in whose name such stock or other scrip stands upon the books of any corporation in Georgia; but such pledgee or holder of such stock or scrip assigned in blank, coupled with the power of attorney, shall have the same right after the death, insanity, or legal disability of the person in whose name the stock stands upon the books of the corporation as before the death, insanity, or legal disability of such person.   (Ga. L. 1894, p. 44, § 1; Civil Code 1895, § 3003; Civil Code 1910, § 3575; Code 1933, § 4-214.)   Law reviews.   - For note discussing revocation of proxy upon maker's incapacity, see 17 Ga. St. B. J. 88 (1980).   RESEARCH REFERENCES   ALR.    - Death as revoking power of attorney to transfer corporate stock, 40 A.L.R. 1004.
GA Code § 10-6-36 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 2 - Relations Between Principal and Agent|§ 10-6-36. Revocation of Agency - Effect of Incompetency or Incapacity of Principal on Power of Attorney

 A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency or incapacity of the principal. The power to act as an attorney in fact for a principal who subsequently becomes incompetent or incapacitated shall remain in force until such time as a conservator or receiver shall be appointed for the principal or until some other judicial proceeding shall terminate the power.   (Code 1933, § 4-214.1, enacted by Ga. L. 1973, p. 493, § 1; Ga. L. 1999, p. 485, § 2; Ga. L. 2008, p. 715, § 1/SB 508.)   Law reviews.   - For note discussing revocation of proxy upon maker's incapacity, see 17 Ga. St. B. J. 88 (1980).   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agency, §§ 25, 34 et seq., 52.   C.J.S.   - 2A C.J.S., Agency, §§ 136, 137, 138.   ALR.    - Death or incompetency of principal as affecting existing power of attorney to confess judgment, 44 A.L.R. 1310.
GA Code § 10-6-37 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 2 - Relations Between Principal and Agent|§ 10-6-37. Revocation of Agency - Action for Wrongful Discharge of Agent Before Termination of Contract

 When the contract is for a year, and the principal wrongfully discharges the agent before the end of the year, the agent may either sue immediately for any special injury from the breach of the contract, or, treating the contract as rescinded, may sue for the value of the services rendered, or he may wait until the expiration of the year and sue for and recover his entire wages.   (Orig. Code 1863, § 2196; Code 1868, § 2191; Code 1873, § 2217; Code 1882, § 2217; Civil Code 1895, § 3016; Civil Code 1910, § 3588; Code 1933, § 4-215.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agency, § 41.   Defending Wrongful Discharge Cases, 36 Am. Jur. Trials 419.   C.J.S.   - 3 C.J.S., Agency, § 625.   ALR.    - Right of agent to offset his own claim against collection made for principal, 2 A.L.R. 132.    Right to recover against employee or his bond for money or property, the fruits of an employment involving a violation of law, 2 A.L.R. 906.    Rights and remedies upon cancellation of sales agency, 32 A.L.R. 210, 52 A.L.R. 546, 89 A.L.R. 252.    Character and extent of right of broker who has exclusive contract, where sale is effected without his agency, 64 A.L.R. 395.    Right, under contract of employment providing for commissions based on amounts collected, to commissions on amounts collected after termination of employment or discharge for cause, upon business effected during term, 65 A.L.R. 993.    Injunction as remedy for breach of contract to employ plaintiff or give exclusive right to promote or sell defendant's product or invention, 173 A.L.R. 1198.   Conclusive election of remedies as predicated on commencement of action, or its prosecution short of judgment on the merits, 6 A.L.R.2d 10.   Recovery on quantum meruit where only express contract is pleaded, under Federal Rules of Civil Procedure 8 and 54 and similar state statutes or rules, 84 A.L.R.2d 1077.   Price fixed in contract violating statute of frauds as evidence of value in action on quantum meruit, 21 A.L.R.3d 9.   Elements and measure of damages in action by schoolteacher for wrongful discharge, 22 A.L.R.3d 1047.   In-house counsel's right to maintain action for wrongful discharge, 16 A.L.R.5th 239.   When statute of limitations commences to run as to cause of action for wrongful discharge, 19 A.L.R.5th 439.   Negligent discharge of employee, 53 A.L.R.5th 219.
GA Code § 10-6-38 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 2 - Relations Between Principal and Agent|§ 10-6-38. Revocation of Agency - Subsequent Earnings in Mitigation of Damages on Improper Dismissal of Agent

 When an agent has been improperly dismissed before the expiration of his time, earnings which were realized or might have been realized by him up to the end of the term shall go in mitigation of damages.   (Civil Code 1895, § 3017; Civil Code 1910, § 3589; Code 1933, § 4-216.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agency, §§ 31 et seq., 240.   C.J.S.   - 3 C.J.S., Agency, § 625.   ALR.    - Right to recover against employee or his bond for money or property, the fruits of an employment involving a violation of law, 2 A.L.R. 906.    Rights and remedies upon cancellation of sales agency, 32 A.L.R. 210; 52 A.L.R. 546; 89 A.L.R. 252.    Duty and liability of former employee to former employer in respect of transactions or matters pending and uncompleted at termination of employment, 100 A.L.R. 684.   Elements and measure of damages in action by schoolteacher for wrongful discharge, 22 A.L.R.3d 1047.   Pre-emption of wrongful discharge cause of action by civil rights laws, 21 A.L.R.5th 1.
GA Code § 10-6-39 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 2 - Relations Between Principal and Agent|§ 10-6-39. Liability of Principal for Injuries by Other Agents

 Except as otherwise expressly provided, the principal shall not be liable to one agent for injuries arising from the negligence or misconduct of other agents about the same business.   (Orig. Code 1863, § 2180; Code 1868, § 2176; Code 1873, § 2202; Code 1882, § 2202; Civil Code 1895, § 3030; Civil Code 1910, § 3602; Code 1933, § 4-217.)   Cross references.   - Liability of employer for injury to employee by other employees, § 34-7-21.    Liability of railroad employer for injuries to employees, § 34-7-41.   JUDICIAL DECISIONS   Continuation of common-law rule.    - At common law there could be no recovery against the principal for injuries sustained by an agent from the negligence or misconduct of other agents of the principal, engaged in the same business, and this rule was generally in force in this state by virtue of former Code 1873, § 2202. Crusselle v. Pugh, 67 Ga. 430, 44 Am. R. 724 (1881); Barry v. McGhee, 100 Ga. 759, 28 S.E. 455 (1897); Kilgo v. Rome Soil Pipe Mfg. Co., 16 Ga. App. 737, 86 S.E. 82 (1915); Lamb v. Floyd, 148 Ga. 357, 96 S.E. 877, 1 A.L.R. 1172 (1918).   Exception as to railroad employees.    - Exception has been made to the general rule laid down in this section in the case of railroad employees. Robinson v. Huidekoper, 98 Ga. 306, 25 S.E. 440 (1896); Lamb v. Floyd, 148 Ga. 357, 96 S.E. 877, 1 A.L.R. 1172 (1918).    Principal shall not be liable for injuries arising from the negligence or misconduct of another agent in the same business and declares an exception in case of railroads. Thompson v. Central R.R. & Banking Co., 54 Ga. 509 (1875).   RESEARCH REFERENCES   Am. Jur. 2d.   - 27 Am. Jur. 2d, Employment Relationship, § 323 et seq.   C.J.S.   - 30 C.J.S., Employer's Liability for Injuries to Employees, § 228 et seq.
GA Code § 10-6-52 (2021)
2021 Georgia Code|Title 10 - Commerce and Trade|Chapter 6 - Agency|Article 3 - Rights and Liabilities of Principal to Third Persons|§ 10-6-52. Ratification Relates Back to Agent's Act; How Act Ratified; No Revocation of Ratification

 A ratification by the principal shall relate back to the act ratified and shall take effect as if originally authorized. A ratification may be express or implied from the acts or silence of the principal. A ratification once made may not be revoked.   (Orig. Code 1863, § 2170; Code 1868, § 2166; Code 1873, § 2192; Code 1882, § 2192; Civil Code 1895, § 3019; Civil Code 1910, § 3591; Code 1933, § 4-303.)   Law reviews.   - For annual survey of law of business associations, see 38 Mercer L. Rev. 57 (1986). For note, "The Great Escape: How One Plaintiff's Sidestep of a Mandatory Arbitration Clause Was Applied to a Class in Bickerstaff v. SunTrust Bank," see 68 Mercer L. Rev. 539 (2017).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Relation Back of Ratification   Implied Ratification    RESEARCH REFERENCES   Am. Jur. 2d.   - 3 Am. Jur. 2d, Agency, § 167 et seq.   C.J.S.   - 2A C.J.S., Agency, §§ 52, 66 et seq., 97.   ALR.    - Doctrine of ratification invoked to charge one person with responsibility for the negligence of another not authorized to act for him, 85 A.L.R. 915.    Profession at time of act or contract to be acting for another as a necessary condition of its ratification by latter, 124 A.L.R. 893.    What amounts to ratification by owner of unauthorized employment by broker or agent of subagent to procure a sale or purchase of property, 136 A.L.R. 1418.    What amounts to ratification by principal or master of libel or slander by agent or servant, 139 A.L.R. 1066.    Variance between allegation and proof as regards identity of servant or agent for whose acts defendant is sought to be held responsible, 139 A.L.R. 1152.   Principal's liability for false arrest or imprisonment caused by agent or employee, 92 A.L.R.2d 15; 93 A.L.R.3d 826.   Liability of insurance agent, for exposure of insurer to liability, because of failure to cancel or reduce risk, 35 A.L.R.3d 792.   Liability of insurance agent, for exposure of insurer to liability, because of failure to fully disclose or assess risk or to report issuance of policy, 35 A.L.R.3d 821.   Liability of insurance agent, for exposure of insurer to liability, because of issuance of policy beyond authority or contrary to instructions, 35 A.L.R.3d 907.   Discharge of debtor who makes payment by delivering checks payable to creditor to latter's agent, where agent forges creditor's signature and absconds with proceeds, 49 A.L.R.3d 843.   Insured's ratification, after loss, of policy procured without his authority, knowledge, or consent, 52 A.L.R.3d 235.   Spouse's acceptance or retention of benefits of other spouse's fraudulent act as ratification of transaction, 82 A.L.R.3d 625.   Principal's liability for punitive damages because of false arrest or imprisonment, or malicious prosecution, by agent or employee, 93 A.L.R.3d 826.