Harvey v. Hoyle

Citations

• 14 Teiss. 152
• 1917 La. App. LEXIS 17

Syllabus

<p>Syllabus.</p> <p>When a party makes a contract with another, the presumption is that he is acting for himself and he will be liable personally. If he is not acting for himself, he must, in order to overcome this presumption, make it clear to the other party that he is acting in a representative capacity.</p> <p>One who assumes to act as agent warrants his capacity; and if he has no such capacity he makes himself personally liable to one who deals with him in the honest belief of such capacity.</p> <p>The action of a party against the other who has assumed to act without procuration is ex contractu and is not prescribed by one year.</p>