Opinion
33143.
DECIDED SEPTEMBER 14, 1950. REHEARING DENIED OCTOBER 6, 1950.
Complaint; from Fulton Civil Court — Judge Etheridge. April 28, 1950.
Smith, Kilpatrick, Cody, Rogers McClatchey, Sidney Haskins, for plaintiff.
Carlton W. Binns, for defendants.
The evidence failed to authorize a finding of liability on the defendants' part under any of the three theories alleged in the petition, and the court properly directed a verdict for the defendants and overruled the plaintiff's motion for a new trial.
DECIDED SEPTEMBER 14, 1950. REHEARING DENIED OCTOBER 6, 1950.
Randall Brothers Inc., sued A. w. Volp, R. L. Turner and W. D. Cain as Trustees of the Woodland Hills Baptist Church. Count one of the petition alleged substantially: that Woodland Hills Baptist Church is an unincorporated voluntary association of persons for the purpose of divine worship and the observation of religious duty; that the defendants are the duly elected and acting trustees of such church; that the defendants as trustees of the church have title to the church property which they hold and control for the benefit of the church; that the church property has been improved by the erection thereon of a church edifice used by such church in carrying out the purposes of the association and trust; that the congregation of such church did, on or about January, 1949, authorize certain improvements, alterations and repairs to be made to the church property, and through its authorized governing body and committees, whose names and composition are unknown to the petitioner but are well known to the defendants, engaged and employed O. R. Funderburk as its contractor to perform such work; that such contractor attempted to purchase certain building materials from the plaintiff, a materialman, for use in said work, but that the plaintiff, after investigation, refused to extend any credit whatsoever to the contractor; that thereafter H. H. Chandler, a member of the church and in charge of the work described on the church, contacted the plaintiff and informed the plaintiff that he was the duly authorized agent and representative of the church association and that he had been authorized by the congregation thereof to obtain the necessary materials from the plaintiff for the account of said association; that the plaintiff, in reliance upon the representations of H. H. Chandler, thereupon sold to the association a quantity of building material as shown in a copy of the invoice attached to the petition at a price of $1,048.80, which was a fair and reasonable charge for the materials furnished, and which represents a valid debt of the congregation; that in placing this order for building materials and in purchasing same, H. H. Chandler was the duly authorized agent and representative of the Woodland Hills Baptist Church and of these defendants and acted within the scope of his authority and for the benefit of his principals; that the indebtedness of the association to the plaintiff is an indebtedness of the trust estate for which the trust estate is liable, and that such indebtedness was incurred by and for the benefit of the Woodland Hills Baptist Church, and such debt being a valid debt of the congregation may be satisfied against the church edifice and site under the laws of this State. Count two of the petition was substantially the same as count one except that it was based on a quantum meruit basis. Count three was substantially the same as count one except that it was based on ratification by the defendants of the acts of H. H. Chandler. The defendants filed an answer denying the material allegations of the petition and alleging substantially: that A. W. Volp and R. L. Turner were trustees of such church but that W. D. Cain was not such a trustee; that the congregation of the Woodland Hills Baptist Church through its then elected and acting trustees did on August 12, 1948, enter into a contract with O. R. Funderburk for certain improvements, alterations and repairs to be made on the church property. At the conclusion of all the evidence the court, on motion of the defendants, directed a verdict in favor of the defendants on all three counts. The plaintiff's motion for a new trial was overruled and it excepts.
The plaintiff failed to prove a case on either of the three counts, which are in reality only two, one on an alleged express contract and one on the doctrine of ratification. The evidence failed to show that Chandler, the chairman of the building committee of the church, was authorized by the governing body of the church, or any agency authorized to do so, to purchase the materials in question for the account of the church. The evidence also failed to show that if Chandler bought the material for the account of the church, the governing body, or any agency authorized to buy the material, used the material with the knowledge that Chandler had purported to act for the church in purchasing the equipment and charging it to the church's account. It is unnecessary to determine whether the contract between the church and a contractor, requiring the contractor to furnish the material, was properly admitted in evidence.
The court did not err in directing a verdict nor in overruling the plaintiff's motion for a new trial.
Judgment affirmed. Sutton, C. J., and Worrill, J., concur.