Per Curiam
Defendant Siguencia appealed from a judgment awarding plaintiff Yellow Book Sales and Distribution (YBSD) $10,235.87 against him. YBSD sought to recover monies allegedly due based on defendants’ failure to pay sums due under four contracts for advertising for the corporate defendant. The panel noted Siguencia admitted signing all four contracts as president of two corporate defendants. YBSD alleged the contracts stated “the signer of this agreement…by his execution personally and individually undertake and assume the full performance hereof including payments of amounts due hereunder.” However, the panel ruled a corporate officer executing a contract acting as an agent for a disclosed principal was not liable for the breach of contract unless it clearly appeared he intended to bind himself personally. It found Siguencia’s unrefuted testimony established he only intended to bind his principals when he signed the contracts, and did not intend to substitute or “superadd” his own personal liability The unanimous panel reversed, concluding YBSD failed to establish Siguencia’s personal liability on the four contracts, ruling the District Court erred in awarding judgment against him.
