Harvey v. Sparks Bros.

Citations

• 45 Wash. 578
• 88 P. 1108
• 1907 Wash. LEXIS 517

Syllabus

<p>Principal and Agent — Duties—Evidence—Question for Jury. The question whether an agent was supplied with funds to make a certain payment is for the jury where the principal so testified and that the agent agreed to make the payment a few days before it was due, and the agent testified to the contrary and that he notified the principal that he had no funds to make the payment.</p> <p>Husband and Wife — Separate Property of Wife — Actions— Parties Plaintiff. A married woman who contracts with an agent with respect to her separate property may maintain an action in her own name against the agent to recover damages for neglect of its duty as such agent, and her husband is not a necessary party plaintiff.</p> <p>Judgment — Res Judicata — Parties—Issues. A judgment in an action by a vendee against her vendor and an individual as agent making the sale, brought to rescind the contract for fraud and recover the money paid, is not a bar to a subsequent suit by the vendee against a corporation (in which the aforesaid agent was interested) acting as her agent to collect rents and make payments, to recover damages for neglect of duty as such agent; since the issues and the parties were not the same.</p> <p>Corporations — Representations by Officers — Authority. An agreement, by a managing agent of a corporation doing a real estate business, to collect rents and apply the same on a contract of sale negotiated by the corporation for one of its customers, is within the scope of its business, and cannot be repudiated by the company after holding him out as managing agent, allowing him to carry on' its business, and receiving the benefits of the contract.</p>