election to hold agent

election to hold agent
The doctrine applicable in a case of undisclosed principal that since the liability of an undisclosed principal and his agent is an alternative liability, rather than a joint liability or a joint and several liability, the third party, after he becomes aware of the agency and the identity of the principal, is put to an election to hold either the agent or the principal; he cannot hold both. 3 Am J2d Agency § 308.

Ballentine's law dictionary. . 1998.

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