De L'Archerie v. Rutherford

Citations

• 54 Wash. 134
• 102 P. 1033
• 1909 Wash. LEXIS 957

Syllabus

<p>Brokers — Fraud of Agent — Purchase and Resale of Property— Evidence — Sufficiency. The evidence sufficiently shows that a real estate agent, taking property in his own name and deeding it to the plaintiff, his client, at an advanced price, purchased the property for the plaintiff in the first instance and was guilty of a fraud' in concealing the advance in price, and findings to the contrary are erroneous, where it appears from the deposition of the vendor, a disinterested witness, whose testimony was clear, full, and circumstantial, that the agent informed her that he was buying for a French lady (the plaintiff) and not for himself, that such witness was corroborated by the plaintiff, that the agent did not pretend that he informed plaintiff he was selling her his own property, the relationship of the parties having been that of principal and agent for some time, the agent making various deals for the plaintiff and carrying plaintiff’s money in bank in his own name.</p> <p>Same. It is a constructive fraud for a broker not to inform his principal that he was the owner of the property sold.</p>