Sec 802

A principal, whose existence as such was not known to the other party at the time of making the contract, can sue on the contract, and this apparently militates against the rule above stated that privity of contract is necessary to enable a party to maintain suit. But it must be remembered that the rule is, not that the plaintiff and the defendant should have contracted with each other personally, but that the plaintiff should come within the range of parties to whom the defendant agreed to perform certain services. If I deal with A., I may be readily understood to deal, under certain limitations, with the parties whom A. represents. The limitations are that any equities I may have, in the way of set-off or counter-claim, against A., I am to have against the principal whom A. represented, supposing that when I dealt with A. I believed I was dealing with a principal.5

Principal, though an" disclosed, can sue.

1 Supra, sec 25 6.

2 Harris V. Nickerson, L. R. 8 Q. B. 286.

3 Spencer V. Harding, L. R. 5 C. P. Ml.

4 This would explain Denton V. R. R., 5 E. & B. 860, more satisfactorily than it is explained by Mr. Pollock (3d ed. 14). A railroad company is not liable to me on its time-table simply because I say "I will take your offer." If, however, by relying on the timetable, I suffer some detriment, then the company is liable.

5 Wh. on Ag. sec 405, 466, 722-741. As to set-offs, see infra, sec 1021, 1023. That undisclosed principal may be sued, see infra, sec 810, 810a.

Sec 803

It is competent to explain by parol evidence a latent ambiguity as to a name, as where a name is misspelt, or where one name is inserted when another is meant, or where for business purposes a name other than that of the actual party is used.1 Thus, where a deed was made with the "City Investment Company," it was held admissible to show that this company consisted of two persons, who were entitled to sue on the deed.2 It is also admissible to introduce evidence to identify grantee or assignee,3 and to prove who is the buyer and who the seller in a memorandum or note under the 17th section of the statute of frauds.4

Sec 804

When a deed is executed for the benefit of certain persons, who are designated by the title of some office or relationship they hold and not by their real names, and when those persons do or suffer something in return which forms a sufficient consideration, parol evidence is admissible to identify them, and they are entitled to sue in their own names.5 This has been held to be the rule in cases where parties are described as "executors" of another, all the executors being entitled to join as parties,6 and where they are described as "creditors," coming in and proving their debts as such.7 Where, also, a contract of sale describes the vendors as " proprietors," they may be identified and may sue in their own names;8 and so where they are described as Real parties may be proved by parol.

Office or relationship maybe thus explained.

1 Supra, sec 202; Spurr V. Cass, L. R. 5 Q. B. 656; Kell V. Nainby, 10 B. & C. 20; Moller V. Lambert, 2 Camp. 548; Lancey V. Ins. Co., 56 Me. 562; Foster V. McGraw, 64 Penn. St. 464; Richmond R. R. V. Snead, 19 Grat. 354; Nixon V. Cobleigh,.52 Ill. 387; Scam-mon V. Campbell, 75 Ill. 223; Bancroft V. Grover, 23 Wis. 463; Ellis V. Crawford, 39 Cal. 523; and cases cited supra, sec 202, where other distinctions are noticed.

2 Maugham V. Sharpe, 17 C. B. N. S. 443.

3 Langlois V. Crawford, 59 Mo. 456; see supra, sec 202.

4 Wh. on Ag. sec 719 et seq.; supra, sec 202; Newell V. Radford, L. R. 3 C. P. 52. That a party is bound by a contract he executes under an assumed name, see further Richardson's case, L. R. 19 Eq. 588; Gould V. Barnes, 3 Taunt. 504.

5 Supra, sec 202.

6 Hood V. Barrington, L. R. 6 Eq. 218; McClean V. Kennard, L. R. 9 Ch. 336.

7 Gresty V. Gibson, 4 H. & C. 28; Reeves V. Watts, L. R. 1 Q. B. 412.

8 Supra, sec 202; Sale V. Lambert, L. R. 18 Eq. 1; Commins V. Scott, L. R. 20 Eq. 11.

" trustees under a trust for sale."1 - A mere description as "vendors" is not by itself sufficient for identification.2