Black v. Brown

<p>Abstract of the Decision.</p> <p>1. Officers, § 55*—when not personally liable on contract. A public officer making as such a valid and enforceable contract is not personally liable on such contract for the payment of the debt.</p> <p>2. Officers, § 55*—when public officer not personally liable on invalid contract. A public officer who mistakes the law and makes an invalid contract does not incur personal liability thereon in the absence of fraud or of evidence that such officer intended to bind himself personally on such contract, or that the person with whom such officer makes such contract supposed he was dealing with such officer as an individual, the person with whom the contract was made being presumed to know that such officer exceeded his powers in making the contract.</p> <p>3. Principal and agent, § 169*—what is distinction between personal liability of public agent and private agent on unauthorized contracts. There is a distinction between the personal liability of an agent of an individual and that of a public agent in respect to contracts made on behalf or the principal without authority, in that the agent of an individual is personally liable thereon, being presumed to know the extent of his authority, while a public agent is usually not liable.</p>