Swartz

The plaintiff brought this action to recover three thousand dollars, and cancel a promissory note for two thousand dollars, in pursuance of the terms of an agreement in writing as follows:

It is alleged in the complaint, and the court on the trial found, that, although this agreement was executed in the name of the defendant E. Burr, and ostensibly as his personal obligation, it was made for aud as the contract of the defendant Burr Creamery Company, a corporation, of which E. Burr was the president and general manager. Judgment was against the corporation.

[1] It has become a well-settled rule of evidence, under the decisions in this state, at least, that parol evidence may be invoked to hold a corporation upon a contract entered into by its president or manager in his own name, if it was intended for, and inured to the benefit of, the corporation, and there is anything on the face of the instrument suggesting that it was made for an undisclosed principal. (West v. Prather & Co., 7 Cal. App. 81 , [ 93 Pac. 892 ]; Blood v. La Serena L. & W. Co., 113 Cal. 221 , [ 41 Pac. 1017 , 45 Pac. 272 ]; Southern Pac. Co. v. Von Schmidt Dredge Co., 118 Cal. 368 , [ 50 Pac. 650 ]; Escondido…