Legal Question in Business Law in Georgia

Restaurant management

Should the owner of a restaurant be liable for any bills the manager, who signed a lease for the management of the restaurant, has accrued during the lease? The manager signed a lease agreement, stating they would not use any of the accounts of the owner. This same manager has not paid the owner any monthly fees agreed upon. A food distributor has sued the owner for over $5000. Do we have any recourse but to pay?


Asked on 4/07/05, 2:10 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Restaurant management

Generally, an agent of the owner can bind the owner. However, I would need more facts in order to give you a reliable answer. This is not the type of forum that lends itself to fully exploring this type of question. If you would like to call me to discuss, please feel free to do so. I don't charge for phone consultations.

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Answered on 4/07/05, 4:01 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Restaurant management

I am not quite clear on the facts of your situation, but I can tell you that they may have had apparent agency to execute agreements even if you told the manager not to. It depends on the situation and whether it was reasonable for the other contracting party to assume that the manager had signatory power.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 4/07/05, 2:18 pm


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