benefit of one P., whose agent the defendant was; that the plaintiff was informed when the note was made that the money was to be used in defraying the expense of operating a ranch belonging to P., and that P. himself assented to the giving of the note. Held, that the answer failed to state any defense. The answer does not state that P. at any time orally agreed to pay the note, but, if such agreement had been made, it would be inadmissible in evidence to vary and contradict the express terms of the written agreement.
4. Held, further, where an agent contracts in behalf of his principal he must do so in the name of the principal. If the agent contracts in his own name, he alone is bound.
(Opinion Filed July 13, 1891.)
APPEAL from district court, Stark county; Hon. W. H. WINCHESTER, Judge.
James G. Campbell and John B. & W. H. Sanborn for appellant. Leslie Simpson for respondent.
Action on promissory note. Judgment for defendant. Reversed and judgment ordered for plaintiff as asked for in its complaint.
The opinion of the court was delivered by
WALLIN, J. This action is upon a promissory note, of which the following is a copy: "Neimmela Ranch, Mingusville, Montana, 11th March, 1889. $1,200.00. Ninety days after date I promise to pay to the National German-American Bank, St. Paul, at the bank, St. Paul, the sum of twelve hundred dollars, value received, on act: of the ranch. GREGOR. LANG." The complaint charges that the defendant executed this note and delivered it to the plaintiff, and that it is unpaid. The answer admits the execution and delivery of the note and its nonpayment. As a defense the answer alleged that the defendant was, when he made the note, acting as the general agent of one Sir John Pender, and the defendant executed and delivered the note in his capacity of agent of said Pender, and not in his individual capacity; that the money which was raised by the defendant from the bank for the note was used solely for the use and benefit of Pender, to meet the expenses of running his (Pender's) ranch, of which defendant was the manager; that
