New York Court of Appeals

Philetus P. Argersinger, Respondents v. Ramsey MacNaughton, Appellant

June 11, 1889114 N.Y. 535

Summary

The New York Court of Appeals affirmed the judgment for the plaintiffs who recovered damages for breach of warranty on antelope skins sold by a commission merchant. The court held that the merchant, acting as an undisclosed agent, was personally liable for the warranty he gave, and that the plaintiffs were not required to return the goods after discovering the breach. The decision rests on the principle that an agent who does not disclose his principal assumes personal responsibility for contractual obligations.