Hellenthal v. Sloane

Citations

• 5 Alaska 362

Syllabus

<p>1. Trusts &wkey;>101—Fraud—Principal and Agent.</p> <p>A Mrs. Whipple owned and wished to sell a town lot, and appointed one Thane her attorney in fact to bargain, sell, and convey the premises. Thane orally requested one Shepard to find a purchaser for the property at a price not less than $2,000. The plaintiff negotiated with Shepard and agreed to buy at that price. Shepard advised defendant of the facts, and he went to Thane, and bought and paid for the lot, and took a deed to the property in his own name. Plaintiff thereupon paid the $2,000 to Shepard, and then brought this suit, praying that Sloane be adjudged trustee for, him, and be compelled to convey the property to plaintiff on payment by plaintiff to Sloane of the said $2,000. On demurrer to the complaint, held, the property was not impressed with any trust while the title remained in Mrs. Whipple, for want of authority in Shepard, and because it is not alleged that plaintiff paid the consideration before conveyance to defendant.</p> <p>2. Trusts <&wkey;101—Brokers—Principal and Agent.</p> <p>Where a person, desiring to purchase a piece of land, employs by parol another to negotiate for the purchase of the land for him, and that other commences such negotiations, but finally, and in violation of his duties as agent, purchases the property for himself, with his own money, and takes the title thereto in his own name, such agent will be held to be a trustee by operation of law.</p> <p><§=s>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>