COOK v. WEIR


2 A.D.2d 680 (1956)

William E. Cook et al., Doing Business as a Copartnership under the Name of Cook & Saltz, Respondents, v. Ben Weir et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 4, 1956


Order unanimously affirmed, with costs.

The appellants are husband and wife and the trial revealed that the wife was the record owner of the property involved. Appellants contend that parties suing both an agent and an undisclosed principal should, upon the disclosure that there was an undisclosed principal and agent relationship, elect, at the end of the trial, against whom they will proceed to judgment, and that they may not recover a judgment against both. Both...

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