Phillips v. International Text Book Co.

Citations

• 26 Pa. Super. 230
• 1904 Pa. Super. LEXIS 296

Syllabus

<p>Principal and agent — Assumed name — Undisclosed principal.</p> <p>When a corporation or an individual elects to carry on a branch of its or his business in an assumed name, it or he is liable for the acts of agents, acting within the scope of their authority, who contract in the assumed name with relation to such branch of the business, in all cases where the contract would have been binding if made in the actual name of the corporation or individual.</p> <p>An undisclosed principal is bound by the contracts of his agents acting within the scope of his authority, although the party with whom the contract was made may have known the principal under some other name.</p> <p>A corporation of the name of International Text Book Company conducted a branch of its business under the name of “ International Correspondence Schools.” It appointed a superintendent of this branch giving him large powers to solicit business, and establishing him in an office from which he conducted a large correspondence. In the agreement with the superintendent the latter was forbidden to contract debts for the corporation. In a suit against the corporation for a typewriting machine rented to the superintendent, it appeared that the plaintiff did not know of the restrictions on the powers of the superintendent, and that he did not know the real name of the corporation. He knew the name International Correspondence Schools, and to it he charged the machine on his books. Held, that if the jury believed the evidence it was sufficient to sustain a verdict in favor of the plaintiff against the corporation on the contract of hiring the machine.</p> <p>Bailment — Hiring chattel — Care of property — Hire.</p> <p>In every contract of hiring there is, in the absence of an express provision otherwise, an implied covenant that the bailee will take reasonable and proper care of the property which is the subject' of the bailment. In case the property is negligently injured an action will lie for the breac