997 S.W.2d 829; Posey v. Broughton Farm Co. (Tex. App.);
Geraldine POSEY, Appellant, v. BROUGHTON FARM COMPANY and Broughton
Joint Venture, Appellees.
[Cite as Posey v. Broughton Farm Co., 997 S.W.2d 829]
Court of Appeals of Texas, Eastland.
July 22, 1999.
Rehearing Overruled Aug. 26, 1999.
Eric Gordon Walraven, H. Grady Terrill, Craig, Terrill & Hale, Lubbock, for appellant.
John T. Ferguson, Weaver & Ferguson, P.C., Big Spring, for appellees.
Panel consists of: ARNOT, C.J., and McCALL, J., and McCLOUD, Senior Judge.(fn*)
TERRY McCALL, Justice.
This case involves the sale and delivery of cotton utilizing a cotton purchasing agent.
Because the agent was acting for a partially-disclosed principal, we affirm the trial court's
summary judgment holding that the agent is personally liable on the contract.
Geraldine Posey was a cotton purchasing agent who purchases cotton for a number of
different buyers; she did not buy cotton for her own account. Scott Underwood contacted
Posey in January 1996, requesting that she purchase cotton for him. Shortly thereafter,
Broughton Farm Company and Broughton Joint Venture (Broughton) contacted Posey
concerning the possible sale of their cotton. Broughton and Posey agreed on a price, and
Broughton delivered the warehouse receipts on the cotton to Posey on Friday, January 5,
1996. On Sunday evening, January 7, 1996, Posey sent by bus the warehouse receipts to
her principal, Underwood. Posey prepared drafts, drawn on American Cotton Marketing,
for the agreed price of the cotton which Broughton did not pick up until January 10 or 11.
Underwood did business under the name of American Cotton Marketing. When they
were sent to Norwest Bank in Lub-bock, the drafts were not paid.