169. Loss of right to enforce contract.

169.     Loss of right to enforce contract.

Where an agent is entitled to sue upon a contract made by him, his right is lost by the intervention of his principal1, and is subject to any settlement with the principal2. An agent who has a special interest in the subject matter of the contract3 may enforce it4, notwithstanding any settlement with the principal5, unless the agent has not been prejudiced by the settlement6, or unless he is estopped from setting up his interest against the other contracting party7