Indian Contract Act, 1872
232. Performance of contract with agent
supposed to be principal
Where one man makes a contract with another, neither knowing nor
having reasonable ground to suspect that the other is an agent, the principal,
if he requires the performance of the contract, can only obtain such
performance subject to the right and obligations subsisting between the agent
and the other party of the contract.
Illustration
A, who owes 500 rupees to B, sells, 1,000 rupees worth of rice
to B. A is acting as agent for C in the transaction, but B has no knowledge nor
reasonable ground of suspicion that such is the case. C cannot compel B to take
the rice without allowing him to set-off A's debt.