Ellis v. Stone

Citations

• 21 N.M. 730

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where a writing in the nature of a contract is signed by a person, and contains apt words to bind him personally, the fact that to such signature is added such words as “trustee,” “agent,” “president,” and the like, does not change the character of the person so signing, but are merely descriptive of him.</p> <p>P. 737</p> <p>2. The rule of descriptio personae is not applicable where the instrument on its face shows that the descriptive words were not used to describe the person, but to characterize the capacity in which he made the contract.</p> <p>P. 739</p> <p>3. Where a simple contract is ambiguous as to the identity of the real parties thereto, the ambiguity will first be attempted to be solved from what appears upon the instrument itself, taking into consideration not only the words and figures in the body thereof, and the signatures and additions thereto, but any printed or written headings, memoranda in the margin, or other indicia which will serve to throw light on the intention of the parties.</p> <p>P. 740</p> <p>4. Where upon the face of a simple contract doubt is rendered as to who is bound thereby, parol evidence may be employed to determine whose contract it is.</p> <p>P. 741</p> <p>5. An agent, acting within the scope of the authority conferred upon him by the principal, is not to be held personally liable on the contract simply because the contract between, the principal and the third party is invalid on account of lack of power in the principal to make such a contract where the extent of power possessed by the principal is a. matter of public law.</p> <p>P. 743</p> <p>6. The rule that the construction placed upon' a contract by the parties thereto by their acts will be generally adopted by the court is not applicable to this case, -because no harmonious construction thereof was adopted by the parties.</p> <p>P. 746</p> <p>7. Where the trial court determined the issues of the case upon the pleadings and proof, it