Express Publishing Co. v. Levenson

*359On Rehearing

Appellee Meyer S. Levenson, by his motion for rehearing, . correctly ■ states that the liability of an agent .for a-non-existent principal is somewhat different from the liability of an agent for a principal who is' incompetent and may disaffirm a contract, such as an infant, or one who is under disability of coverture. Restatement, Agency, § 332; 2 Am.Jur., Agency, § 318; 3 C.J.S., Agency, § 215d. We find no Texas precedents, hut Goldfinger v. Doherty, 153 Misc. 826, 276 N.Y.S. 289, 293, discusses the circumstances under which the agent is liable in the -event the principal…