Bate v. Burr

4 Del. 130

• Court: Superior Court of Delaware
• Decided: July 5, 1844
• Status: Published

Opinion

Booth, Chief Justice,

charged.—If at the time of sale the seller knows that the person dealing with him is an agent, and also knows who the principle is; and, with that knowledge, chooses to make the agent his debtor, he cannot afterwards, on the failure of the agent, turn round and charge the principal; having once made his election when he had the power of choosing between the one and the other. (Addison vs. Gandasequi, 4 Taunt. 574; Patterson vs. Gandasequi, 15 East 62.)

Gilpin, for plaintiff. Rogers, for defendant.

Interest is to be calculated from the time of the expiration of the credit, when a credit is agreed on by the parties; or is established by usage. Where there are two persons of the same name, father and son, as Joseph Burr, senior, and Joseph Burr, junior, an entry to Joseph Burr would mean the father, without explanation; but if Joseph Burr, the son was meant, that will explain and correct the entry, and the proof of it would sustain a claim against the son.

Verdict for plaintiff.