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Ligon v. Bartis

3/9/2000

orney's authority to enter into it, the client is bound by its terms[.]" Id. at 676. Ligon does not assert that his attorney's alleged lack of authority was ever communicated to the opposite party. Nor does the record show such communication was ever made. In this case, Ligon's remedy "where there have been restrictions not communicated to the opposing party, is against the [private] attorney who overstepped the bounds of his agency, not against the third party." Id. at 675. See also City of Atlanta v. Black, supra at 432 (Carley, J., dissenting). Accordingly, in light of the fact that the existence and terms of the agreement were established in writing and are not in dispute, the trial court did not err in enforcing the settlement agreement and entering judgment for plaintiff in the amount of $23,750. Commercial Union Ins. Co. v. Marco Transp. Co., 211 Ga. App. 844, (1) (440 SE2d 730) (1994); compare LeCroy v. Massey, 185 Ga. App. 828 (366 SE2d 215) (1988).


Judgment affirmed. Blackburn, P. J., and Barnes, J., concur.






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