96 BULLETIN 110 6, U. S. DEPARTMENT OE AGEICULTUEB 
In other words, the general rule appears to be that where a con- 
tract is entered into with an agent, the agent contracting in his own 
name, the person for whom the agent is acting, the principal, may sue 
the other party on the contract, and in turn the principal may be 
sued by such party. The fact that the existence of the principal is 
known or unknown to the opposite party at the time the contract is 
made is immaterial. 11 Of course, a cooperative association could 
include a provision in its contract with one with whom it was dealing 
that would control the situation. 
In connection with the general matter now under discussion it 
should be remembered that members of an association are liable to 
suit, or they may sue. not because they are members of the association, 
but because they are the principals for whom the association acted. 
It will be remembered that an incorporated cooperative association 
is an artificial entity, separate and apart from its members. Xo case 
has been found in which members of an association have been held 
liable for wrongful acts or negligence of an association while acting 
as agent for members in the transaction of certain business or in the 
doing of certain work authorized by them, but no reason is apparent 
why they could not be so held in a proper case. 
The true conception of this matter can be readily understood when 
one bears in mind that he is liable, as a general rule, for all acts of 
his agent while the agent is acting within the scope of his employ- 
ment. The character of the agent, whether an individual, partner- 
ship, or incorporated association. 12 is immaterial. It is upon this 
theory that automobile owners, whether individuals or corporations, 
are held liable for injuries to others caused by the negligent driving 
of their machines by their agents or employees. It is no answer that 
an agent was not authorized to do the particular act which caused 
injury or loss if it was done while in the course of the business of his 
principal or employer. 
COOPERATIVE ASSOCIATIONS LIABLE FOR ACTS OF AGENTS 
Incorporated cooperative associations, like other corporations, are 
liable for the acts of their agents while such agents are acting within 
the scope of their employment. A corporation may be liable for 
assault and battery, conversion, nuisance, trespass, libel and slander 13 
malicious prosecution, wrongful arrest, false imprisonment, fraud 
and deceit. 14 It may also be guilty of crimes. 15 It is apparent that 
all of the acts enumerated would have to be done by the officers. 
agents, or employees of a corporation, as a corporation can act in no 
other way. There is nothing in the nature of an incorporated co- 
operative association to relieve it from liability under circumstances 
in which any other type of corporation would be liable, and un- 
doubtedly they may be held liable in a proper case for any of the 
matters mentioned above. For instance, in a California case, it 
appeared that the Escondido Citrus Union fumigated the orchard 
of one of its members without his consent, and in a negligent man- 
n Chapman o. Java Pac. Line, 241 F. 850, and numerous cases therein cited. 
u Alabama Power Co. i\ Bodine. 213 Ala. 627. 105 So. S69 ; New York Trust Co. v. 
Carpenter. 250 F. 668. 
"Buckeve Cotton Oil Co. v. Sloan, 250 F. 712. 
M Fletcher. Cyclopedia Corporations, v. 5. sec. 3336. 
u Fletcher, Cyclopedia Corporations, v. 8, sec. 5369. 
