[1] Principal and Agent — Representation oe Both Parties — Adverse Interests—Validity oe Contract.-—While an agent may, with their full knowledge and consent, represent both parties to a contract, and his contract under such circumstances binds each within the scope of his employment, where an agent, without the full knowledge and consent of his principal, represents the adverse party in a transaction, his contracts relating thereto are voidable • at the option of his principal.

[2] Id.—Subject Matter oe Agency—Interests oe Agent—Assumption oe Duties.—An agent cannot, except with his principal’s full knowledge and consent, assume any duties or enter upon any transaction concerning the - subject matter of the agency in which he has individual interests, or represent interests adverse to those of his principal.

[3] Corporations—Issuance of Stock not Fully Paid Up—Knowledge of Creditor—Evidence.—In this action by a creditor against the stockholders of a corporation to recover upon their liability for the amount remaining unpaid on the stock held by them, there was no evidence disclosing any information to plaintiff about the corporation or that the stock held by defendants was issued to them as fully paid-up stock.

[4] Id.—Value of Property Conveyed to Corporation—Belief of Stockholders — Bights of Creditors.—Assuming that the stockholders believed that the property transferred to the corporation was worth an amount equal to the par value of the stock issued therefor and that among themselves it was binding as “fully paid up,” this is not the case as to creditors.

[5] Id.—Adverse Interest of Agent—■ Knowledge not Imputed to Principal.—The fact that the agent of plaintiff knew, at the time he sold plaintiff’s goods to the corporation of which defendants were stockholders, that the stock held by defendants was issued by such corporation as fully paid up, in consideration of the transfer to it of certain property, did not charge plaintiff with knowledge of that fact, where it did not have actual knowledge, and such agent was also the agent of such corporation in the purchase of the goods and was, at the time, a stockholder therein.

[6] Id.—Issuance of Stock not Fully Paid Up — Liability of Transferees.—The fact that the defendants were the owners of the stock which had been issued by the corporation without being fully paid up rendered them liable to creditors of the corporation for such unpaid balance, notwithstanding they had not subscribed to or purchased the stock.

[7] Id.—Liability for Unpaid Subscriptions—Application of Bule to Mining Corporations.—The rule that where the stock of a corporation is issued without being fully paid up, the amount remaining unpaid is, so far as its creditors are concerned, deemed to be money due from the stockholders, and that a creditor, if the corporation becomes insolvent, may apply, in equity, to have the fund so deemed to be due to the corporation collected and applied • upon his debt, is applicable to mining corporations.

3. Issuance of stock at discount as affecting stockholder’s liability for debts, notes, 5 Ann. Cas. 667; 8 L. B. A. (N. S.) 263; 51 L. B. A. (N. S.) 56.

Effect of creditor’s knowledge that stock was improperly issued as fully paid up on his right to resort to holder of same, note, 8 L. E. A. (N. S.) 271.