Youghiogheny Iron & Coal Co. v. Smith
Citations
- 66 Pa. 340
- 1871 Pa. LEXIS 39
Syllabus
<p>1. If an agent make a contract in his own name without disclosing his principal, the principal even if unknown to the contractor is bound and liable for damages on a breach.</p> <p>2. By contracting in his own name, the agent only adds his personal obligation, to that of his principal.</p> <p>3. Iron was delivered under a contract, the vendor was notified that it was inferior and requested to take it away, he neglected to do so. The vendee could dispose of it or use it, and the vendor was entitled only to its actual market value.</p> <p>4. The measure of damages to the vendee to whom an inferior article was delivered and retained by him, was the difference between the value of the article and what a good article could be obtained for.</p>
Judges: Agnew, Read, Sharswood, Thompson, Williams
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