Childs v. Hall

Citations

• 128 Miss. 111
• 90 So. 426

Syllabus

<p>1. Fraud. Proof of agent’s faihire to account does not sustain charge.</p> <p>A recovery cannot be had in an action for deceit, where the evidence fails to sustain the fraud and deceit charged in the declaration, but discloses that the defendant was an agent of the plaintiff, and withholds from him money received by him, and for which he should account to his principal.</p> <p>3. Vendor and Purchaser. One purchasing land and securing vendor’s deed direct to a third party is the vendor of such third party, and not his agent.</p> <p>Where A. has agreed with B. on the purchase by B. of land from A., and before the deed is executed B. sells the land to C. and procures A. to execute a deed thereto direct to C., die relation between B. and C. is that of vendor and purchaser, and not of principal and agent, although B. may have sold the land to C. for a greater sum than he paid A., representing to C. that he was selling it to him for the amount he had agreed to pay A.</p>