Where the parties are dealing in each other's presence, there is a presumption that each party intends to deal with the person in front of him1; but it is clear that this presumption may be rebutted2, for example if the contract itself makes it clear that no agreement is intended except with the actual person named in it3. However, care must be taken to distinguish this situation from the situation where there is a contract, because either no mistake was made at the time of contracting
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