In the absence of any contract to that effect an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor is he personally bound by them.
Presumption of contract to the contrary: Such a contract shall be presumed to exit in the following cases-
(1) Where the contract is made by an agent for the sale or purchase of goods for a merchant resident abroad;
(2) Where agent does not disclose the name of his principal;
(3) Where the principal, though disclosed, cannot be sued.