R. & J. BOW, LTD. v. HILL.

(1930) 37 Ll L Rep 46

KING'S BENCH DIVISION.

Before Mr. Justice Roche.

Principal and agent-Claim by plaintiffs against defendant (1) for price of coal supplied by plaintiffs to trawlers; (2) for disbursements alleged to have been made on defendant's behalf-Supply of coal by plaintiffs under contract signed by defendant-Whether defendant was acting for an undisclosed principal-Construction of contract- Election-Held, as to (1) that the defendant contracted personally for the coal supplied to all trawlers under his management; that upon a true construction of the contract the question of election could not arise, in any event that there was no election; and that therefore the defendant was personally liable; as to (2) that in this case the plaintiffs had not discharged the onus of showing that the order to make necessary disbursements was given by the defendant on his own behalf; and that therefore the defendant was not liable.