Landers v. Foster

Citations

• 34 Wash. 674
• 76 P. 274
• 1904 Wash. LEXIS 401

Syllabus

<p>Contbacts — Execution—Bill oe Sale to Agent ob Tbustee— Liability oe Pbincipal Wheee Agency Is Disclosed. Where parties jointly entered into a contract with another, and for convenience provide for the making of a bill of sale to one of their number instead of to each individually, he becomes their trustee, and they can not escape liability upon the theory that he acted as their agent, and that principal and agent being both known to the other contracting party, exclusive credit to the agent released them from liability.</p> <p>Same — Evidence by Pabol to Show Agency oe Pabty Executing Contbact. Where one of several co-obligors for convenience closes up the contract by taking a bill of sale in his own name, but in fact as trustee for the others, parol evidence is admissible to show who the actual contracting parties were.</p> <p>Contbacts — Consteuctton—Contingency oe Issuance of Patent — Pleading. Where a payment under a contract was to be made when letters patent were granted upon an invention, the complaint sufficiently shows that the contingency has occurred by an allegation that the commissioner of patents made an order allowing the patent and directing that a patent issue on the order ol the interested parties therefor.</p>