Kent v. Addicks

Citations

• 126 F. 112
• 60 C.C.A. 660
• 1903 U.S. App. LEXIS 4289

Syllabus

<p>1. Principal and Agent — Liability of Agent on Unauthorized Contract Made for Principal.</p> <p>Where a contract on its face is that of a supposed principal, although signed by an agent, the agent is individually liable only on the implied warranty that he had the right to make it, and to entitle the other party to recover against him it must be shown not only that the contract was of such character that it would have been enforceable against the principal if authorized, but also that the party seeking to recover had the ability to perform it on his part.</p> <p>2. Contracts — Construction.</p> <p>A contract by which a party agrees to sell “his rights” under certain patents for a large consideration, but which recites that he has purchased the right to manufacture, use, and vend the patented article within the territory covered by his contract, binds him to transfer substantially the rights so recited, and he cannot enforce the same against the other party unless he possessed such rights or acquired them, and was able to assign them when the time came for performance on his. part.</p> <p>8. Principal and Agent — Authority of Agent — Evidence.</p> <p>Upon an issue as to the authority of an agent to bind his principal by a particular contract evidence is admissible to show- that he had made other similar contracts, which had been accepted and carried out by his principal, and that the principal had referred other persons to him as having authority to make contracts of the same class.</p> <p>4. Contracts — Action against Agent for Unauthorized Execution — Evidence.</p> <p>Plaintiff entered into a contract purporting to be with a corporation, and executed by defendant as its president, which recited that plaintiff had purchased the right to vend, use, and manufacture acetylene gas in a state under patents owned by two named corporations, and by which he undertook to sell his rights for specified cities in the state to the corporation. The corporation having repudiate