David A. Baxter and Sons v. Sofio

This is a suit on a contract for material furnished and for labor and services performed. The broad question presented is whether the plaintiff, a subcontractor, in orally contracting for extras on a motel construction contract was dealing with the defendant personally or as an agent in a representative capacity for the owner contractor.

An agent who fails to disclose the fact of his agency and represents himself as principal inducing another to' deal with him as such is liable and may be treated as principal for all purposes, unless and until the fact of his agency is known or made known by…