Union Trust Co. v. Phillips

Citations

• 7 S.D. 225
• 63 N.W. 903
• 1895 S.D. LEXIS 58

Syllabus

<p>1. A corporation or an individual cannot adopt and claim the benefit of a contract made in its or his behalf by ope assuming to act as agent, and at the same time repudiate the means or representations by which such contract was so procured.</p> <p>2. This rule controls, even through such agent, to the knowledge of him with whom he deals, has an interest in the making of the contract distinct and separate from that of his principal, unless there is collusion or fraudulent connivance between the agent, and such other contracting party.</p> <p>(Syllabus by the Court.</p>