This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
In written contracts except those which like negotiable instruments must be entirely in writing,1 it is always possible to show that a written contract signed by X was signed by him as agent for A in order to hold A.2 The statute of frauds has usually no specific provisions on this subject. The ordinary rules of the Common Law are therefore in force. Hence a contract note or memorandum under the statute of frauds, signed by X, may be enforced against A on showing that X signed as the authorized agent of A.3 A signature, " A, agent
1 Sigmund v. Newspaper Co., 82 111. App. 178; Roth v. Goerger, 118 Mo. 556; 24 S. W. 176; Hankins v. Baker. 46 X. Y. 666.
2Kozel v. Dearlove, 144 111. 23; 36 Am. St. Rep. 416; 32 N. E. 542.
3 Soames v. Spencer, 1 Dowl. & R. 32.
4 Maclean v. Dunn. 4 Bing. 722; Hammond v. Hannin, 21 Mich. 374; 4 Am. Ren. 490.
5 Holmes v. McAllister, 123 Mich. 493; 48 L. R. A. 396; 82 N. W. 220.
1 See Sec. 761.
2 See Sec. 606. X cannot use such evidence to show that he is not liable.
3 Nevada Bank v. Bank. 59 Fed. 338; Tobin v. Larkin. 183 Mass. 389; 67 X. E. 340; White v. Mfg. Co.. 179 Mass. 427; 60 N. E 791; for B," whatever the prima facie liability,4 may be shown to be intended to bind B.5 On the other hand, a signature of the principal's name by the agent, without any words to show that it is written by the agent, is sufficient.6