Easterly v. Mills

Citations

• 54 Wash. 356
• 103 P. 475
• 1909 Wash. LEXIS 1000

Syllabus

<p>Trial — Motions—Waiver of Juey — Appeal—Decision Without Remand. Where, at the close of plaintiffs case, the defendant moves to discharge the jury and for judgment, and plaintiff moves for a directed verdict, the parties waive a verdict, and authorize judgment by the court; and upon reversing judgment for the defendant, the supreme court will enter judgment for plaintiff without remand for a new trial.</p> <p>Brokers — Principal and Aoent — Fraud on Principal — Secret Profit. Brokers, authorized to make a sale of property at $4,000, one-half cash, are guilty of a constructive fraud upon their principal and are liable for secret profits made by them, where, in order to effect such sale, they made tentative arrangements to sell to S. for $4,500, $500 to he paid in cash, procured the vendor’s consent to a sale to W. for $4,000, one-half cash, and secretly arranged a resale from W. to S. for $4,500, $500 cash, according to the tentative agreement, without informing the vendor of such resale or of the fact that W. paid the brokers an additional commission of $150; as the brokers secretly made an additional profit of $150 and prevented the vendor from accepting the first sale at $4,500, and making other arrangements for one-half cash, it being their duty to communicate such offer of S. to their principal.</p> <p>Same — Commissions—Constructive Fraud. In such a case, the brokers will not lose their commissions on the original sale, paid by the vendor, where the vendor in her complaint admitted that they were entitled thereto.</p>