Crown Controls, Inc. v. Smiley

The issue presented in this case is if the "election of remedies" doctrine should be applied when an agent fails to adequately disclose the identity of the principal on whose behalf he is contracting. This court has previously held that in such circumstances, a creditor must elect whether it will seek to hold the agent or the principal liable for the debt. Under prior law, a judgment received against one discharges the other from liability, as long as the creditor has already learned of the existence and identity of the previously undisclosed principal. However, this "election of remedies"…