n the absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor is he personally bound by them.

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Presumption of contract to contrary—Such a contract shall be presumed to exist in the following cases:—

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(1) where the contract is made by an agent for the sale or purchase of goods for a merchant resident abroad;

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(2) where the agent does not disclose the name of his principal;

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(3) where the principal, though disclosed, cannot be sued.

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