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06.040 Agency; Proof of
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Description
06.040 Agency; Proof of Before one can be bound by the acts of another who assumes to represent him/her, proof of agency must be shown. Agency, as well as authority of an agent, may be established by proof of contract of agency, or by the principal's conduct and course of dealings. If one should hold out another as one's agent and by one's course of dealings reasonably indicate that such person has certain authority, the one dealing with the agent would be protected to the extent of the authority reasonably deducible from the conduct of the parties. You must determine the issue of agency in the light of all the facts and circumstances of the case. Scott v. Kelly-Springfield Tire Co., 33 Ga. App. 297 (1924); and other decisions cited to note "proof of agency" following O.C.G.A. §10-6-1 \ Patterson v. Southern Railway Co., 41 Ga. App. 94 (1930); and other decisions cited to note "course of dealing" following O.C.G.A. §10-6-50 Armour Fertilizer Works v. Abel, 15 Ga. App. 275 (1914) Terry v. International Cotton Co., 138 Ga. 656 (1912) King v. Towns, 102 Ga. App. 895 (1960)
