Craig v. Parsons

Citations

• 22 N.M. 293
• 161 P. 1117

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. A contract, providing tbat one party agrees to sell land of another party for a certain sum, for which first party shall receive a certain stipulated commission, held to create the relation of principal and agent between the parties.</p> <p>P. 295</p> <p>2. The expression “to sell,” used in contract of brokerage, defined. •</p> <p>P. 295</p> <p>3. Where an agent sells land of his principal at a price in excess of the price stipulated and agreed upon between the principal and the agent, and fraudulently appropriates the difference to himself, or permits others to appropriate it, he becomes liable to the principal for such difference, together with the value of the commission received by him.</p> <p>P. 296</p> <p>4. Where a person, with full knowledge of the facts, aids and abets a broker in the commission of an act of fraud upon the principal, he is liable to the latter for loss sustained thereby.</p> <p>P. 299</p>