Myles Murphy was appointed by Cy Sinden, a famous developer, to purchase land for a shopping center near the intersection of I-95 and Route 1. Mary Mason, the property owner, contracted with Murphy for the sale of the property. Because of an economic downturn, Sinden was unable to provide the planned behind-the-scenes financing for the venture, and the contract was not performed. Mason’s real estate experts determined that she lost $2 million because of the breach of contract. Mason also discovered that Sinden was

“behind the deal.” If Mason elects to sue Sinden, who turns out to be unable to Chapter 38 Third Persons in Agency 891 pay the judgment because of the collapse of his business “empire,” can she later bring suit against Murphy?

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