Conklin v. Leeds

Citations

• 58 Ill. 178

Syllabus

<p>1. Agency—undisclosed principal. Where chattels are bought by one in his own name, but he is, in fact, buying as the agent of another, or for himself and others, as partners or joint owners, the undisclosed principal, partners or joint owners, will be entitled to the possession of the chattels as against the vendor who has no longer a general or a special property therein.</p> <p>2. Undisclosed agency cb pabtnbbship. Any such undisclosed principal, partner or joint owner, has the right, on discovering that a purchase has been made by such agent, partner or joint owner, in his own name, or without disclosing his true relation to other parties, to tender complete performance of the contract of purchase, and take possession of the chattels.</p> <p>3. Tboveb—whether it mil lie. Where a partner or joint owner learns of a purchase made for the benefit of himself and other partners or joint owners, by one who does not disclose his true relation to the property purchased, tenders final performance of the purchase and demands possession of the property of the vendor and is refused, but obtains the possession by a replevin suit in his own name, which he does not prosecute, the vendor, having no longer ány property in the goods, can not maintain trover for their value.</p>