The form in which the agent acts is immaterial; if the principal's name is disclosed and the agent professes to act for him, it will be held to be the act of the principal.
(Orig. Code 1863, § 2173; Code 1868, § 2169; Code 1873, § 2195; Code 1882, § 2195; Civil Code 1895, § 3022; Civil Code 1910, § 3594; Code 1933, § 4-304.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Agency, §§ 166 et seq., 273.
C.J.S.- 2A C.J.S., Agency, § 413.
ALR.
- Liability of undisclosed principal on sealed contract, 32 A.L.R. 162.
Liability of principal for overdraft drawn by agent and paid by bank, 58 A.L.R. 816.
Acceptance by collection agent authorized to receive money only, of something else upon which he realizes money, as binding principal, 94 A.L.R. 784.
Sufficiency of execution of instrument by agent or attorney in fact in name of principal without his own name appearing, 96 A.L.R. 1251.
Liability of corporation on contract of promoters, 123 A.L.R. 726.
Use of trade name in connection with contract executed by agent as sufficient disclosure of agency or principal to protect agent against personal liability, 150 A.L.R. 1303.
Imputation of servant's or agent's contributory negligence to master or principal, 53 A.L.R.3d 664.