Hussey v. Michael

Citations

• 91 Kan. 542
• 138 P. 596
• 1914 Kan. LEXIS 75

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sale op Land — Misrepresentation by Vendor — Repeated by Agent to Vendee — Agent Not Liable to Vendee. Where the owner of land, by misrepresentation as to its character, effects a sale, agents who have acted for him in the matter are not rendered personally liable to the buyer for the fraud, merely by reason of their having innocently and in good faith repeated to him the false statements concerning the property made to them by the seller.</p> <p>2. Real-estate Agent — Not Liable for Misrepresentation by Subagent Made without Agent’s Knowledge. Where real-estate agents, desiring to have land which has been listed with them shown to a buyer, employ for the purpose a person who without their knowledge shows the wrong land, and the owner, knowing of the fact, effects a sale by the false representation that the tract conveyed was the one that had been shown, the subagent is thereby made the agent of the 'owner, and the original agents are not liable to the purchaser for his fraud.</p>