Jenkins v. City of Henderson
Supreme Court of North Carolina
1Opinion of the CourtBabNHILL, J.
If a contract is made with a known agent acting within tbe scope of bis authority for a disclosed principal, tbe contract is that of tbe principal alone, unless credit has been given expressly and exclusively to tbe agent, and it appears that it was clearly bis intention to assume tbe obligation as a personal liability and that be has been informed that credit has been extended to him alone. 2 Amer. Jur., page 247, and numerous authorities cited in note. Way v. Ramsey, 192 N. C., 549, 135 S. E., 454.
Tbe presumption is that where one known to be an agent deals or contracts within tbe scope of…
2Cases cited12 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- State ex rel. St. Louis Underground Service Co. v. MurphySupreme Court of Missouri · 1896
- Meares v. Commissioners of the Town of WilmingtonSupreme Court of North Carolina · 1848
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3Cited by23 opinions
- Smith v. StateSupreme Court of North Carolina · 1976
- City of Raleigh v. FisherSupreme Court of North Carolina · 1950
- City of Reidsville v. BurtonSupreme Court of North Carolina · 1967
- Bowers v. City of High PointSupreme Court of North Carolina · 1994
- Moody v. Transylvania CountySupreme Court of North Carolina · 1967
18 more not listed; retrieve them via the Exa API.