Can an agent who contracts in his own name for an undisclosed principal recover damages from the principal even if the judgment does not result in satisfaction of the debt?
Saskatchewan, Canada
The following excerpt is from Dick v. Lambert, 1916 CanLII 219 (SK CA):
On the latter point I think that the principle of the decision in Kendall v. Hamilton, 4 A.C. 504, applies. In that case it is clearly decided that:— “Where an agent contracts in his own name for an undisclosed principal, the person with whom he contracts may sue the agent or he may sue the principal, but if he sues the agent and recovers judgment he cannot afterwards sue the principal even although the judgment does not result in satisfaction of the debt.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does an agent who contracts in his own name for an undisclosed principal have to sue the principal for damages? (Saskatchewan, Canada)
When a contract expressly states on its face that the agent filling in the contract is the agent of the applicant, is that agent valid or binding? (Saskatchewan, Canada)
Can a plaintiff recover damages for damages caused by a herd of large cattle that were running loose on a highway? (Saskatchewan, Canada)
When a joint covenantor gives a bill of exchange for part of a debt secured by the covenant, on which a judgment is recovered, is it a bar to an action against the joint covenantors? (Saskatchewan, Canada)
How have courts interpreted the terms of a contract where the contract is not enforceable and the contract does not specify terms? (Saskatchewan, Canada)
Can a contract be made even if the contract is more precise than the contract itself? (Saskatchewan, Canada)
Is a debt attached to the judgment debtor while execution of the judgment is stayed? (Saskatchewan, Canada)
Can a contractor who contracts for the construction of a 200-foot tunnel run the length of the tunnel, but runs five tunnels instead, can he recover on the contract or on the quantum meruit? (Saskatchewan, Canada)
If a vendor takes a personal judgment against a plaintiff, and then withdraws the execution of the contract, what is the effect of the judgment against the vendor? (Saskatchewan, Canada)
Can a plaintiff combine a claim for debt and one for damages under the Small Debt Procedure? (Saskatchewan, Canada)
