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HOWELL v. SMITH

No. 315.

134 S.E.2d 381 (1964)

261 N.C. 256

Hubert M. HOWELL, t/a Howell Oil Company v. Herbert SMITH, t/a Atlantic Block Company.

Supreme Court of North Carolina.

January 31, 1964.

Attorney(s) appearing for the Case

Sasser & Duke, by John E. Duke, Joseph H. Davis, Goldsboro, for plaintiff appellee.

James N. Smith, Goldsboro, for defendant appellant.

SHARP, Justice.

This case was heard at the Fall Term 1962 at which time the question of nonsuit was decided adversely to the defendant. Howell v. Smith, 258 N.C. 150, 128 S.E.2d 144.

These rules are well established in the law of agency:

An agent who makes a contract for an undisclosed principal is personally liable as a party to it unless the other party had actual knowledge of the...

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