Mobley v. Childs

Where contracts are made in a representative capacity, the question frequently arises as to whether the representative bound himself personally. As a general rule, the determination of the liability of the signer depends upon the construction of a written agreement according to the terms thereof, where the instrument is not ambiguous; and the decided weight of authority is to the effect that the “liability of the signer is governed by the intention of the parties as thus derived from the instrument. When the interpretation of the agreement makes it doubtful in what capacity the parties…