Hardinge v. Kuntz

Citations

• 278 Pa. 232
• 122 A. 509
• 1923 Pa. LEXIS 504

Syllabus

<p>Principal and agent — Fraud of agent — Acceptance of benefits of fraud.</p> <p>1. While it is true that one accepting the benefits of fraud, is liable not only where he knew of and consented to the fraud at the time it was perpetrated, but also where he was personally innocent and had neither authorized nor known of the fraud at the time of its commission, yet one cannot be held so liable, where he was ignorant of the fraud at the time he accepted its benefits and merely retained what appeared to be legitimate proceeds of the transaction-involved.</p> <p>2. If an agent obtains possession of the property of another by making a stipulation or condition which he was not authorized to make, the principal must either return the property, or, if he receives it, it must be subject to the condition upon which it was parted with by the former owner.</p> <p>3. A principal cannot repudiate an act of his agent, so far as it is injurious to himself, and adopt it so far as it is beneficial. He must either allow it to stand or set it aside in toto.</p> <p>4. Where, in an equity suit, it appears that defendants agreed with plaintiff’s agent to buy stock of a corporation at a certain price and resell it to plaintiff at a profit, and the agent in fraud of his principal but without the knowledge of defendant arranges the transaction so as secretly to keep the profit for himself by charging plaintiff more than the cost of the stock, the plaintiff is entitled to recover the profit made by his agent, but he must pay the purchase price agreed upon to defendant, inasmuch as he did not offer to rescind the contract and return the stock.</p> <p>Equity — Findings of facts — Verdict of jury — Appeals.</p> <p>5. The findings of fact by a chancellor, which involve the credibility of witnesses and the weight to be given their testimony, will, on appeal, be given the effect of a verdict of a jury, and they will not be disturbed where there is testimony to support them.</p> <p>Appeals — Question