If an agent shall fail to disclose his principal, when discovered, the person dealing with the agent may go directly upon the principal under the contract, unless the principal shall have previously accounted and settled with the agent.
(Orig. Code 1863, § 2175; Code 1868, § 2171; Code 1873, § 2197; Code 1882, § 2197; Civil Code 1895, § 3024; Civil Code 1910, § 3596; Code 1933, § 4-305.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Agency, § 290 et seq.
C.J.S.- 3 C.J.S., Agency, §§ 523, 524.
ALR.
- Signing of contract by agent of undisclosed principal as satisfying statute of frauds, 23 A.L.R. 932; 138 A.L.R. 330.
Liability of undisclosed principal on sealed contract, 32 A.L.R. 162.
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.
Concealment of fact that party to contract was acting for undisclosed principal as fraud which will toll statute of limitations, 114 A.L.R. 864.
Right to join agent and undisclosed principal in same action, 118 A.L.R. 701.
Action or judgment against agent as affecting right to maintain action against undisclosed principal, 119 A.L.R. 1316.
Exceptions to rule which permits suit by or against undisclosed principal, 130 A.L.R. 664.
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.
Principal's payment to or settlement with agent as affecting former's liability to third person with respect to contract negotiated by agent, 71 A.L.R.2d 911.