Gordon v. Brinton

Citations

• 55 Wash. 568
• 104 P. 832
• 1909 Wash. LEXIS 801

Syllabus

<p>Principal and Agent — Contracts—Liability or Agent to Third Person. Whether agents are personally bound by their contract to sell and guarantee any article depends upon the mutual intent of the parties.</p> <p>Same — Evidence—Stjeeiciency. Sellers of an electric motor, who were agents of a motor company, are personally bound upon their contract, and cannot set up agency as a defense, where they signed as principals, there was nothing to disclose that they contracted as agents, or that the company was interested in or had authorized the contract, and the parties acted upon the special warranty which called for the seller’s approval of the installation; especially where they pleaded no agency, hut set up a counterclaim for the balance due.</p>