128. Deed executed in name of agent.

(ii)     Limitations on Rights and Liabilities

128.     Deed executed in name of agent.

At common law, a contract by deed executed by an agent in his own name cannot be enforced by1 or against2 the principal, even though it is expressly stated that the agent is contracting on behalf of the principal3, but where the agent executes a deed and is trustee for his principal of the rights conferred by the deed, the principal is entitled to enforce the contract4. The claim should be in the name of the trustee; but, if