Barker v. Garvey

Citations

• 83 Ill. 184

Syllabus

<p>1. Agency—act of agent is that of principal. It is a'general rule, oí almost universal application, that, where a person acts by an agent, the act is his, and not that of the agent.</p> <p>3. Where the agent does not disclose the name of liis principal in making a contract, the other party may, when he learns it, hold him responsible for its performance, and the principal may, on showing the agency, claim and enforce the contract, precisely as if entered into by himself.</p> <p>3. Pabol evidence—to show agency of pa/i'ty making contract. Even where a written contract is entered into by an agent in his own name, it is competent for the principal to show by parol evidence that the agent was acting for him.</p> <p>4. Thus, where A made a proposition, in writing, addressed to no one, to do certain work, which was accepted by the defendant, who was after-wards garnisheed by a creditor of A, and parol evidence was admitted to show with whom the contract was made, it was held, that another party interpleading might also show by parol evidence that A was his agent in making the contract, and thus defeat the garnisheeing creditor.</p>