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Lawskills.com Georgia Caselaw
ADAMS et al. v. THE UPJOHN COMPANY.
53638.
BELL, Chief Judge.
Action for damages. Richmond Superior Court. Before Judge Fleming.
81A-112 (d)) and granted the motion. Held:
a. The issue of venue at the time the complaint was filed and served was controlled by Code 22-404 (d) (Ga. L. 1968, pp. 565, 584; 1975, pp. 583, 587), which permitted a suit for a tort "in the county where the cause of action originated, if the corporation transacts business in that county." Defendant corporation has admitted that it transacted business in Richmond County by the sale of pharmaceutical supplies in that county. Therefore, defendant was subject to being sued there.
The evidence authorizes a finding that he was acting in a sales representative capacity on behalf of the defendant Upjohn, bringing third parties into contractual relations with Upjohn. He was more than just a mere employee. Accordingly, service on him was sufficient. The trial court erred in dismissing the complaint.
Powell, Goldstein, Frazer & Murphy, Daryll Love, Alex Rue, for appellee.
Pierce & House, Hinton R. Pierce, for appellants.
ARGUED MARCH 1, 1977 -- DECIDED APRIL 14, 1977 -- REHEARING DENIED MAY 10, 1977 -- CERT. APPLIED FOR.
Friday July 25 10:24 CDT


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