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HARRISON v. HARRISON

20121.

214 Ga. 393 (1958)

105 S.E.2d 214

HARRISON et al. v. HARRISON et al.

Supreme Court of Georgia.

Decided September 5, 1958.

Rehearing Denied October 10, 1958.

Attorney(s) appearing for the Case

Gainey & Gainey, Cain H. Smith, for plaintiffs in error.

Bell & Baker, Altman & Johnson, contra.

HAWKINS, Justice.

1. Under the allegations of the petition, which, on demurrer, must be taken as true, the fiduciary relationship of principal and agent existed between the petitioner and the defendant Alton W. Harrison (Code § 37-707), and the latter cannot make advantage or profit for himself out of the relationship to the injury of his principal. Code §§ 4-205 and 37-708; Forlaw v. Augusta Naval Stores Co., 124 Ga. 261, 262 (6) (52...

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