Hancock v. Yunker

Citations

• 83 Ill. 208

Syllabus

<p>1. Contbact—whether creating a corporate or individual liability. Where a lease is made to a de facto corporation by its corporate name, and all the covenants for the payment of rent, taxes, rates, for care and repairs, and surrender of possession, are expressed to be by it, its associates, successors and assigns, and at the conclusion it recites that the lessor signs in his own proper person, and that the party of the second part, the corporation, signs through its trustees, it will not create any personal liability on the trustees signing, but a corporate liability.</p> <p>2. Agency—liability of agent on contract executed by him. An action can not be maintained against an agent on an instrument executed by him in behalf of his principal, unless it contains apt words to charge him personally, even though he acts without authority or in excess of authority; but he may become personally liable on a contract containing apt words to bind him, and then the words descriptive of his agency will be rejected as surplusage.</p> <p>3. Remedy against agent who acts without authority. The remedy against one for falsely assuming to act as agent of an individual or a public corporation, is an action on the case and not on the contract made by him.</p>