Principles of the Law of Contracts As Applied By Courts of Law

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Ballou v. Talbot, 16 Mass. 461. Jefts v. York, 4 Cush.
371 and 10 Cush. 395. Moor v. Wilson, 6 Foster, 336. 2 Kent Com. (11th ed.) 840. Smith on Merc. Law, (5th ed.) 219. 2 Smith Lead. Cas. (6th Anier.
ed.) 414.
(c) See 10 Mees. & Welsh. 9. 6 Met. 528. 10 Cush. 395, 396. 1 Amer.
Lead. Cas. (4th ed.) 637. Story on Agency, § 264 §■ seq. See also Bandell V. Trimen, 18 C. B. 786. Collen v. Wright, 7 El. & Bl. 301.
110 LAW OP CONTRACTS.
respect to simple contracts. As to contracts under seal there i
...s great uniformity of decision, that though they are, in terms, made in behalf of a principal whom the agent names, yet if he contracts in his own name only, and affixes his private seal, he thereby binds himself only, (a) So of contracts in like terms, though not under seal, (b) But when a simple contract is made by an agent, in such terms and signed in such manner as would bind the principal, if it were under seal, it does not bind the agent, (c) And this is now generally held to be the law, which is to be ap- plied to agents of foreign as well as of domestic principals, contrary to the statement in Story on Agency, § 268, that the agent of a foreign principal is ordinarily presumed to be per- sonally and exclusively liable on a contract made for him, whether it be made as agent, or not.

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