Burnham City Lumber Co. v. Rannie

Citations

• 59 Fla. 179

Syllabus

<p>1. A declaration in a suit to recover commissions paid the defendant by plaintiff, and that substantially charges that the defendant undertook to obtain from the owners of land a contract embracing terms demanded by T. who was seeking to buy it for the plaintiff a corporation to be organized to take them over, that the defendant represented to T. that the land could not be bought for a less price than that which he named to T., when in fact that price, unknown to T. or the corporation to which they were conveyed, covered commissions which the defendant was to receive from the owners, and which commissions on the completion of the transaction in ignorance of the facts were actually paid by the owners to the defendant, states a good cause of action.</p> <p>2. When a person is employed to act as agent for another in dealing with a third person, and the nature of the employment is such that he is required to exercise judgment, discretion or personal influence in the execution of such agency, he cannot act also as agent of the third party in the transaction without the knowledge and consent of his principal.</p>