Noe v. Gregory

Citations

• 7 Daly 283

Syllabus

<p>Where a person without authority assumes to make a contract in the name of another, he does not thereby become personally liable on the contract, and the only-remedy against him of the person contracted with is by an action for deceit in case he has acted fraudulently, or if there were no fraud therein, by an action for the breach of the warranty of authority.</p> <p>Whenever a person assumes to act as the agent of another, he impliedly warrants that he has authority to so act.</p> <p>In an action for such breach of the implied warranty of authority, after it appears that the defendant assumed to act as agent for a third person, the burden of proof is not thereby cast on the defendant to show that he had actual authority to so act, but the burden is upon the plaintiff to show that he did not have such authority.</p>