Corbit v. Kimball

Citations

• 107 Cal. 665
• 40 P. 1029
• 1895 Cal. LEXIS 806

Syllabus

<p>Resulting Trust—Purchase by Wife—Agency for Husband.—Where a wife, acting as agent for her husband, under instructions to purchase a tract of land for a specified price, buys only a part of the land for the price authorized to be paid for the whole, the vendor cannot be charged as a trustee for the husband for the balance of the land.</p> <p>Id.—Belief of Husband—Knowledge of Defendant—Rule as to Agency.—The belief of the husband that his wife was purchasing all of the land, when in fact she was purchasing but part of it, and the fact that the defendant knew or had reason to know that the money paid to him was the husband’s money, do not affect the situation of the parties, or alter the rule that the acts of an agent within the scope of the agent’s authority bind the principal.</p>