Fees v. Shadel

Citations

• 20 Pa. Super. 193
• 1902 Pa. Super. LEXIS 205

Syllabus

<p>Judgment — Striking off or vacating judgment — Execution.</p> <p>Where goods have been levied upon as the property of the defendant in an execution, the real owner of the goods, who was not a party to the litigation, has no standing to intervene and ask that the judgment, under which the execution was issued, should be stricken off or vacated.</p> <p>No man can make himself a party to pending litigation between others by his own act, or statements on the record.</p> <p>Principal and agent — Undisclosed principal — Execution.</p> <p>The acts of an agent within the scope of his ostensible, but in excess of real, authority are binding upon his principal as to third persons who have relied upon the agent’s possession of such authority as he appears to have.</p> <p>Where an undisclosed principal permits an agent to conduct a business in the agent’s own name “ as agent,” and the agent purchases goods for the purpose of the business, and subsequently confesses judgment to parties from whom he had purchased the goods, the principal has no standing to intervene and prevent the distribution of the fund raised by the sale of the goods under regular process, or to ask the court that the confessed judgments should be stricken off or vacated.</p>