158. Identity of principal not disclosed.

158.     Identity of principal not disclosed.

Where an agent in making a contract discloses the existence, but not the name, of a principal on whose behalf he is acting, he is not made liable by the mere fact of not disclosing the name, for that is only a relevant factor in deciding whether the agent contracted personally or not1, although he may become liable, for example, by trade usage2. The issue of liability depends upon the terms in which the agent contracted, and the fact of non-disclosure of the identity of the principal will not be conclusive