Gillis v. White
Supreme Court of Alabama
1Opinion of the CourtSomerville, J.
Where a complaint declares on a contract as made with the plaintiff by one of the defendants as the agent of another defendant, it states no cause of action against the agent defendant.
When one contracts merely as the agent of a disclosed principal, he binds either his principal or himself, but not both; and a joint action against both involves a practical as well as a legal anomaly.
If the principal was bound, as intended, the agent cannot be held liable on any principle of law or justice. But if the agent, though assuming and intending to bind a designated principal, and not himself, fails…
2Cases cited4 opinions
- Farmers' Bank & Trust Co. v. Shut & KeihnSupreme Court of Alabama · 1916
- Whiteside v. JenningsSupreme Court of Alabama · 1851
- Sprague v. MorganSupreme Court of Alabama · 1845
- Gillaspie v. WessonSupreme Court of Alabama · 1838
3Cited by15 opinions
- Chandler v. HunterCourt of Civil Appeals of Alabama · 1976
- Shirley v. LinSupreme Court of Alabama · 1989
- Sealy v. McElroySupreme Court of Alabama · 1972
- Ward v. First Nat. Bank of HartfordSupreme Court of Alabama · 1932
- Maddox v. JonesDistrict Court, N.D. Alabama · 1941
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