GRINDER v. BRYANS RD. BLDG. & SUPPLY

[No. 76, September Term, 1980.]

290 Md. 687 (1981)

432 A.2d 453

ELVIN GRINDER, INDIV. AND TRADING AS GRINDER CONSTRUCTION ET AL. v. BRYANS ROAD BUILDING & SUPPLY CO., INC.

Court of Appeals of Maryland.

Decided July 15, 1981.


Attorney(s) appearing for the Case

Christopher C. Henderson, with whom was Edward S. Digges on the brief, for appellants.

Gary Gasparovic for appellee.

The cause was argued before MURPHY, C.J., and SMITH, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.


RODOWSKY, J., delivered the opinion of the Court.

The liability of an undisclosed principal has been called an "anomaly" from the standpoint of the law of contracts.1 Here we focus on a particular aspect of the anomaly. Where the creditor obtains a final judgment against one of the parties to the agency relationship, after learning of the existence and identity of the principal, the creditor is precluded from obtaining judgment against...

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