Cook v. Skinner

Citations

• 50 Wash. 317
• 97 P. 234
• 1908 Wash. LEXIS 723

Syllabus

<p>Deeds- — -Validity-—-Principal and Agent — Liability op Agent to Third Person — Fraud—Misrepresentations. A complaint by mortgagors, who had deeded certain mortgaged premises to the mortgagee, states a cause of action for fráud in securing a conveyance of five acres of land not covered by the mortgage, where it appears that the defendant was the agent of the mortgagee, a nonresident, duly authorized to accept from the plaintiffs a deed of the mortgaged property in satisfaction of the debt, and that defendant, as such agent, without the knowledge of his principal, secured á deed from the plaintiffs to the five-acre tract, for his own use and benefit, by falsely representing that the mortgagee would not-discharge the debt without such additional conveyance, and that, relying thereon, the plaintiffs made the deed to defendant’s married daughter (who after-wards deeded to defendant) upon defendant’s false representations that such third person, unknown to plaintiffs, was the person to whom the mortgagee desired conveyance made.</p>