QUESTION
Is a contract valid if it is signed by a party not mentioned in the actual contract?
Asked on Jul 25th, 2016 on Breach of Contract - New Mexico
More details to this question:
I started helping my mother with her business and I noticed she had more than one merchant services accounts. Said my brother was tricked into a contract with them and he wasn't able to get out of it. Looking over the original contract, the only parties mentioned are my mom's business, my mother, and the merchant service company. Yet, on all the signature lines where my mom was supposed to sign, it has my brother's signature instead of hers. Is this sufficient to void the contract?
1 ANSWER
No. The question would be whether your brother had authority (either actual, apparent, or implied - difference too complex to go into here) to sign on your mother's behalf, or whether she ratifiied the agreement by going along with it after your brother signed it.
Answered on Jul 26th, 2016 at 7:53 AM