Does an agent who contracts in his own name for an undisclosed principal have to sue the principal for damages?
Saskatchewan, Canada
The following excerpt is from Dick v. S. E. Lambert, 1916 CanLII 104 (SK CA):
On the latter point I think that the principle of the decision in Kendall v. Hamilton, 4 A.C. 504, 48 L.J.C.P. 705 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.
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