Commercial Law (105)
"Under section 48 of the Sales of Goods Act, the unpaid seller retains the right to sell the identified property, where the buyer has become insolvent.
"An unpaid seller can exercise the statutory right of resale of the Goods in his possession whether or not property in the goods has passed to the buyer or not and (the new buyer acquires good title in such goods." PER KUTIGI, J.S.C. (P.43, Paras.C-D) AFROTEC TECHNICAL SERVICES (NIG) LTD. V. MIA & SONS LIMITED & ANOR(2000) LPELR-219(SC)
"The law is that an agent of a disclosed principal is ordinarily not personally liable on a contract he enters into on behalf of the said principal, See: Khonan Vs Elizabeth Fife John (1939) 15 NLR 12 @ 15; Okafor Vs Ezenwa (2002) 13 NWLR (Pt.784) 319; Niger Progress Ltd. Vs North East Line Corporation (1989) 3 NWLR (Pt.107) 68 @ 83: Union Bank of Nig. Vs Edet (1993) 4 NWLR (Pt.287) 288.
"The law is that an agent of a disclosed principal is ordinarily not personally liable on a contract he enters into on behalf of the said principal, See: Khonan Vs Elizabeth Fife John (1939) 15 NLR 12 @ 15; Okafor Vs Ezenwa (2002) 13 NWLR (Pt.784) 319; Niger Progress Ltd. Vs North East Line Corporation (1989) 3 NWLR (Pt.107) 68 @ 83: Union Bank of Nig. Vs Edet (1993) 4 NWLR (Pt.287) 288.
"In cases of agency where the agent contracts on behalf of a foreign principal, the agent is liable for his engagements (as for his torts) even though he is acting for another, unless he can show that by the law of agency he is to be held to have expressly or impliedly negatived his personal liability.
". . . As held in Asafa Food Factory vs. Alraine (Nig) Ltd. (supra), whether the appellant acted as the agent of a disclosed principal is to be determined by the nature and terms of the contract and the surrounding circumstances of the case.
". . . As held in Asafa Food Factory vs. Alraine (Nig) Ltd. (supra), whether the appellant acted as the agent of a disclosed principal is to be determined by the nature and terms of the contract and the surrounding circumstances of the case.