Whitlock v. Hicks

Citations

• 75 Ill. 460

Syllabus

<p>1. Aubitcy—liability of agent to principal. Where one acting as agent for another sends orders to a commission merchant for the purchase and sale of grain in the Chicago market, for future delivery, in his own name, and takes money from his principal necessary to be used in effecting the business, and a loss of profits occurs through the fault or negligence of the commission merchant, the agent carrying out his instructions will not be liable to his principal.</p> <p>2. Same—as between parties the fact of agency may be shown, although the business was done in agenfs name. Although an agent may transact the business in his own name, and those with whom he dealt only knew him in the transaction, yet, in a suit between him and the person for whom he acted, he may show the true character of the transaction, and their rights will be settled accordingly.</p>