If it is not disclosed that the agent is acting as such it is evident that the person dealing with him must necessarily have supposed he was a principal and as apparent not actual mutual assent is effective in the formation of contracts, can continue to hold him liable as principal after discovery of the agency.83 The right of the agent to sue is equally clear, for the person with whom he dealt certainly promised the agent as a principal; and the cases universally admit the agent's right to sue.84 "Indeed such an agent, having made himself personally liable, may enforce the contract though the principal has renounced it." 85

82 Jeffords ft Alvord, 151 Mass. 04, 23 N. E. 734; Estes v. Aaron, 227 Mass. 96, 118 N. E. 392.

83 Brent ft Miller, 81 Ala. 309, 8 So. 219; Murphy v. Helmrick, 66 Cal. 69, 4 Pac. 958; Pierce v. Johnson, 34 Conn. 274; Gerard v. Moody, 48 Ga. 96; Bickford ft First Nat. Bank, 42 111. 238, 89 Am. Dec 436; Nudelman ft Haffenberg, 199 111. App. 463; Nixon v. Downey, 49 Ia. 166; Bartlett v. Raymond, 139 Mass. 276, 30 N. E. 91; McCIellan ft Parker, 27 Mo. 162; Baltzeu v Nicolay, 53 N. Y. 467, 470; Cobb v Knapp, 71 N. Y. 348, 27 Am. Rep. 61; Wanamaker v. Toole, 179 N. Y. App. D. 77, 166 N. Y. S. 112; Deming Investment Co. v. McGrady (Okl.), 157 Pac. 734; Beymer v Bonsall, 79 Pa. 298; Robinson v. Wallace, 65 Pa. Super. 64; Button ft Window, 53 Vt. 430.

84 Joseph ft Knox, 3 Camp. 320; Gardiner v. Davis, 2 C. & P. 49; Sims ft Bond, 5 B. ft Ad. 389, 393; Dutton ft Marsh, L. R. 6 Q. B. 361; Albany, etc., Co. v. Lunberg, 121 U. S. 451, 7 S. Ct. 958, 30 L. Ed. 982; Rowe ft Band, 111 Ind. 206, 12 N. E. 377; Blanchard v. Page, 8 Gray, 281; Col-bum v. Phillips, 13 Gray, 64; Ludwig v. Gillespie, 105 N. Y. 653, 11 N. E. 835. In Holliston v. Ernston, 124 Minn. 49,144 N. W. 415, an agent who was the grantee under a bill of sale of a business, which bound the seller not to engage in the same business in a certain city, was allowed to enforce the promise by injunction, though he purchased the business for an undisclosed principal and his only interest was under a contract of his principal to employ him if he made the purchase.

85 Kelly Asphalt Block Co. ft Barber Paving Co., 211 N. Y. 68, 106 N. E. 88, L. R. A. 1915 C, 256, citing Short ft Spackman, 2 B, & Ad. 962.