Powell v. Wade
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. H. C. S peake. This was an action by P. P. Powell, the appellant, against George R. Wade, the appellee. The complaint contained the common counts, and a special count in which the amount sued for was claimed on a contract alleged to have been executed for the plaintiff, by his agent, with the defendant.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. H. C. S peake. This was an action by P. P. Powell, the appellant, against George R. Wade, the appellee. The complaint contained the common counts, and a special count in which the amount sued for was claimed on a contract alleged to have been executed for the plaintiff, by his agent, with the defendant. The testimony for the plaintiff tended to show that his son, R. L. Powell, as his agent, sold certain trees. on plaintiff’s land, as they stood; that the contract was made with the plaintiff’s consent, and by his direction; and…
1Opinion of the CourtBrickell, C. J.
A principal, whether disclosed or undisclosed, is bound by the acts or contracts of the agent, within the scope of the authority conferred. As he is bound by the contracts, whether oral or written, though made by and with the agent, in his own name, he may, in his own name, maintain an action thereon. If the contract is in writing, in the name of the agent alone, it is permissible by parol to show that in the making of the contract the agent was acting for the principal. Such proof does not contradict the writing; it only explains the transaction. — Ford v. Williams, 21 How. (U. S.) 287;…
2Cited by9 opinions
- Mercer v. Germania Ins.Oregon Supreme Court · 1918
- Brooks v. Greil Bros.Supreme Court of Alabama · 1912
- Shields v. CoyneSupreme Court of Iowa · 1910
- Hill v. Gratigny Plateau Development Corp.Court of Appeals for the Sixth Circuit · 1931
- Childers v. Police JuryLouisiana Court of Appeal · 1928
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