# McMichen v. Brown

> Court of Appeals of Georgia · February 12, 1912 · 10 Ga. App. 506

URL: https://www.frixlaw.com/law-library/cases/5605515

## Case

- **Full name:** McMichen v. Brown
- **Court:** Court of Appeals of Georgia
- **Decided:** February 12, 1912
- **Citations:** 10 Ga. App. 506; 73 S.E. 691; 1912 Ga. App. LEXIS 594
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Pottle
- **Judges:** Pottle
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5605515

## Opinion text

Pottle, J.
1. An agent to rent has no implied power to bind the landlord by a contract to pay a stipulated sum for improvements to be made by the tenant.
2. One employed as attorney at law to collect a claim for rent can not bind the landlord by a contract to pay for improvements made on the rented premises.
3. A parol ratification by an ,owner of land of an unauthorized written contract made by an agent, to pay a stipulated price' for improvements to be made on the land, will not be effective to bind the principal, when the improvements were made before the ratification took place, and the tenant has not acted on such ratification to his injury. McCalla v. American Freehold Co., 90 Ga. 113 ; Palmer v. McNatt, 95 Ga. 435 (1), 437.
4. Applying the foregoing principles to the facts of the present case, the court did not err in directing a verdict in favor of the plaintiff in the distress-warrant proceeding. Judgment affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5605515. Public record. Not legal advice.