Howell v. Smith

This case was heard at the Fall Term 1962 at which time the question of nonsuit was decided adversely to the defendant. Howell v. Smith, 258 N.C. 150, 128 S.E. 2d 144.

These rules are well established in the law of agency:

An agent who makes a contract for an undisclosed principal is personally liable as a party to it unless the other party had actual knowl edge of the agency and of the principal’s identity. Walston v. Whitley & Co., 226 N.C. 537, 39 S.E. 2d 375; Lumber Co. v. Motor Co., 192 N.C. 377, 135 S.E. 115; 3 Am. Jur. 2d, Agency § 320; Restatement, Agency 2d § 322; 2 Williston on…