Sharp v. Swayne

Citations

• 17 Del. 210
• 1 Penne. 210
• 40 A. 113
• 1898 Del. LEXIS 8

Syllabus

<p>Principal and Agent—Personal Liability of Agent—Evidence— Estoppel.</p> <p>1. In an action to recover for labor and materials furnished in the erection of a building, under a contract with defendant, where defendant claimed that he was acting merely as chairman of the building committee of a certain club, and was therefore not personally liable, the fact that defendant had previously filed a sworn statement in a mechanic’s hen proceeding by himself against the building in question, in which he claimed for the work and materials in controversy, as principal and contractor, affected his credit as a witness, but did not render him incompetent to testify in such action.</p> <p>2. In an issue as to whether a certain transaction was had with defendant as agent, or on his personal responsibility, the question for determination was not whether defendant was in fact such agent, but whether credit was given him, in the particular transaction in question, as such agent, or on his personal responsibility.</p> <p>3. An agent dealing with one who had no knowledge of such agency rendered himself personally liable on such contract, though, as between himself and another, he was only an agent.</p> <p>4. One contracting with another, who knew at the time that, in such particular transaction, he was acting as agent of a third party, was not personally liable, in the absence of a distinct agreement to be so.</p> <p>5. A statement by a party to an action, made in an affidavit filed therein, constituted no estoppel, where such action had been sta}red without having been judicially determined.</p> <p>6. The character in which the alleged agent deals with others may be considered by the jury only so far as it shows in what character he contracted with the plaintiff.</p>