Calman v. Kreipke

• Decision Date: 17 March 1914
• Citation: 139 P. 698,40 Okla. 516,1914 OK 127
• Parties: CALMAN v. KREIPKE.
• Court: Oklahoma Supreme Court

139 P. 698

40 Okla. 516, 1914 OK 127

CALMAN v. KREIPKE.

Supreme Court of Oklahoma

March 17, 1914

Syllabus by the Court.

In an action on account, where the petition upon its face states facts sufficient to constitute a cause of action against the defendant, but certain exhibits attached thereto suggest a doubt as to whether the defendant, in making the purchase acted in a representative capacity or as an individual, a general demurrer thereto should be overruled.

In such circumstances parol evidence is competent for the purpose of showing the true intent of the parties.

Although an agent enters into a contract with the actual intention of binding his principal only, if his wording of the same or the circumstances of the case are such as to bind himself, he will be personally liable thereon, notwithstanding the fact that he may have incidentally disclosed the name of his principal.

Error from County Court, Canadian County; W. A. Maurer, Judge.

Action on account by Henry L. Calman against A. C. Kreipke. Demurrer to petition sustained, and plaintiff brings error. Reversed and remanded.

W. M Wallace, of El Reno, for plaintiff in error.

H. L Fogg, of El Reno, for defendant in error.

KANE J.

This was an action upon an account, commenced by the plaintiff in error, plaintiff below, against the defendant in error defendant below. The petition itself is in the usual form, and contains all the averments necessary to state a cause of action. Attached to the petition, and made a part thereof, are certain exhibits, marked "A," "B," and "C." Exhibit A, which seems to be the order for the material purchased, states upon its face that the material therein described was "sold to A. C. Kreipke Construction Company." At the bottom of the order appears the following: "Signature of buyer, A. C. Kreipke." In the sworn verification attached to the account it is stated "that the annexed statement of account to A. C. Kreipke * * * is a copy of the books of original entry, and is just, true, and correct." Exhibit C is a letter concerning the same account, signed by A. C. Kreipke, and addressed to the plaintiff, which reads as follows: "You may forward my order given your Mr. Powell on his last trip to El Reno, Oklahoma." The court below sustained a demurrer to this petition, and it is to review this action of the court below that this proceeding in error was commenced.

The theory upon which the demurrer was sustained is that it is shown by the exhibits attached to plaintiff's petition...