A Manual of the Law of Principal And Agent

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15. , 91 1 and Carr v. Jackson, L. J. , Exch. , 3i6.
IN WRITING. 145 could undertake. In Jenldns v. Hutchinson it was held, that a party who executes an instrument in the name of, and expressly as agent for, another, cannot be treated as a party to the instrument, so as to be sued upon it, unless he be shown to be the real principal. I go further and say, that when a j)arty clearly contracts in the name of, and as agent for another, he cannot be sued upon the contract. If he has been guilty of
...fraud he may be sued in an action for the deceit, or perhaps he may be sued upon the implied undertaking that he had authority. " A. Believing himself to be the agent of G. For letting a farm, entered into an agreement with B. To let him the farm on a lease, and signed as agent of A. B. , believing him duly authorized, entered on the farm. G. Then refused to grant a lease, denying that A. Had authority to bind him to do so. B. Then filed a bill for specific performance against G. , which was dismissed, on the ground that A.

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