Sullivan v. Shailor
Supreme Court of Connecticut
Action to recover for work and labor and materials furnished, brought to the Court of Common Pleas in Hartford County and tried to the court, Case, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court.
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Action to recover for work and labor and materials furnished, brought to the Court of Common Pleas in Hartford County and tried to the court, Case, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The following facts were found by the court: “ 1. The plaintiff is a builder of Hartford, who at some time prior to any of the transactions upon which this suit is based, entered into an agreement in writing with one John McKenna, engaging McKenna to act as his, the plaintiff’s, agent in maldng contracts for work…
1Opinion of the CourtHall, J.
The contract of an agent within the scope of his authority and for the benefit of his principal, is generally enforceable by the latter only, and in the same manner as if made by him in person. But a third party, though dealing with an agent who is acting within the limits of his power and for the benefit of his principal, is not compelled against his own wishes to contract with either a known or unknown principal. He may in such cases contract with the agent in his personal capacity, to the exclusion of the principal, and when it is clearly shown, either from the terms of the agreement or by…
2Cases cited6 opinions
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
- Winchester v. HowardMassachusetts Supreme Judicial Court · 1867
- Eggleston v. BoardmanMichigan Supreme Court · 1877
- National Life Insurance v. AllenMassachusetts Supreme Judicial Court · 1874
- Foster v. GrahamMassachusetts Supreme Judicial Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Robert Lawrence Associates, Inc. v. Del VecchioSupreme Court of Connecticut · 1979
- Castaldo v. D'ERAMOSupreme Court of Connecticut · 1953
- Ritch v. RobertsonSupreme Court of Connecticut · 1919
- Whitlock's, Inc. v. ManleySupreme Court of Connecticut · 1937
- Chany v. HotchkissSupreme Court of Connecticut · 1906
6 more not listed; retrieve them via the Exa API.