If an agent, believing himself to have certain authority, which he does not possess, makes an express representation to a third person that he has such authority, he is liable to the third party for the damages the third person sustains thereby,11 and where the agent makes a contract implying possession of authority, he would be liable to the party injured if he has not that authority.

The agent is only liable personally on the contract itself, as distinguished from the action for deceit, where he uses apt words to bind himself, or has expressly made himself personally responsible.12 An agent of an undisclosed principal, is liable to the third party unless the third party elects to hold the principal. The third person cannot hold both the agent and the principal.13