Andrews v. Allen

refused the motion: 1st. An agent contracting personally, is personally liable, though his agency be known, and the principal be disclosed. (2 Kent’s Com. 630; 1 Saund. Pl. & Ev. 82, 72.)

2d. If this be a joint contract, it is not a ground for a non-suit. That must be pleaded in abatement. It is no less the contract of W. D. Andrews because it is also the contract of N. Andrews. And if a defendant would object, that not only he, *454but others, made the contract, he must plead it. Not so of a plaintiff. He knows with whom the contract was made.

3d. The third ground depends on evidence yet to be produced by the defendant, and cannot be any reason for a nonsuit.

Verdict for plaintiff.