Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 80 (September Term, 1875)
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v. Fanxing et al. 375 Opinion of the Court. agent. The foraier may be regarded as the personal contract of the agent, while the latter may be held to be the undertak- ing of the principal. Parsons, in his work on Contracts, vol. 1, page 121, in speak- ing of the contract of a private trustee, says: "He is bound personally by the contracts he makes as trustee, altliough de- scribing himself as such, and nothing will discharge him but an express provision, showing clearly that both parties agreed... to act upon the responsibility of the funds alone, or of some other responsibility exclusive of that of the trustee, or some other circumstance clearly indicating another party who is bound by the contract, and upon whose credit alone it is made. The mere use by the promisor of the name of trustee, or of any other name of office or employment, will not discharge him. Some one must be bound by the contract, and if he does not bind some other he binds himself, and the official name is then only regarded as describing and designating him." The same author, in a chapter on Guardians, page 136, says: "A guardian can not, by his own contract, bind the person or estate of his ward; but if he promise, on a sufficient consider- ation, to pay the debt of his ward, he is personally bound by his promise, although he expressly promises as guardian.
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