An agent is responsible to third persons for torts committed by him, whether the principal is liable or not for them.
An agent is responsible for his torts committed by him whereby third persons are injured. In such a case the principal may be also responsible, as we have seen.
97. Tyron v. Clinch, 186 Pac. (CaL Ap.) 1042.
98. Clarke v. O'Rourke, 111 Mich. 108.
Thus, for his fraud, his negligence, his conversion of another's goods, and generally for his misfeasance or nonfeasance of any sort, the agent is liable. The third person injured by such tort need not elect whom he will sue. He may sue the agent for a tort committed by him whether such tort is such as will render the principal liable or not. If within the scope of the employment, the principal is liable; but the agent is liable also, for he has committed it though he did it for another.99
99. Tippecanoe Loan & T. Co. v. Jester, 180 Ind. 357.