Lancaster v. Knickerbocker Ice Co.

Citations

• 153 Pa. 427
• 26 A. 251
• 1893 Pa. LEXIS 1120

Syllabus

<p>Principal and agent — Contract under seal — Evidence—Action.</p> <p>Whore a simple contract other than a bill or note is made by an agent in his own name, his undisclosed principal may maintain an action or be sued upon it; and an unauthorized and unnecessai'y addition of a seal to such a contract may be treated as surplusage.</p> <p>A husband as the undisclosed agent of his wife executed in his own name a duplicate bill of sale. The copy sent to the vendee was under seal, but the copy retained by the vendor was without seal. Subsequently the wife brought suit in her own name against the vendee to recover the balance of the purchase money. At the trial the court admitted in evidence under objection the unsealed agreement. Meld, not to be error. In such a case it was not necessary for the wife to bring the suit in her husband’s name to her own use.</p> <p>Itevoeation of agency — Notice.</p> <p>A husband acting as the undisclosed agent of his wife, the plaintiff, sold to defendants, through Chase & Son, a quantity of ice. A certain amount of the purchase money was paid, when plaintiff’s husband notified defendants not fo pay the balance to Chase & Son who had been previously authorized to receive the money. Notwithstanding the notice, defendants paid the balance to Chase & Hon. It appeared that the latter had not parted with value to plaintiff’s husband by the order given to them to collect the money. Meld, that the revocation of the authority to collect the money was sufficient, and that plaintiff was entitled to recover from defendants the unpaid balance of the purchase money.</p> <p>Me. Justice Mitchell dissented.</p>