Lemcke v. Funk & Co.

Citations

• 78 Wash. 460
• 139 P. 234
• 1914 Wash. LEXIS 1045

Syllabus

<p>Principal and Agent — Existence of Agency — Evidence—Question fob Juey. Whether a real estate broker was employed1 or held out as an agent for the defendant company, is a question for the jury, where it appears that he was furnished desk room in the defendant’s office under an arrangement to receive a per cent of all commissions on lands listed or sales made by him, all contracts being made in the name of the defendant, and commissions paid to it, and the agent was permitted1 to use its cards, with his own name thereon as manager of the farm lands of the company; especially where the defendant accepted the benefits of a transaction consummated by the agent through holding himself out as such, of which the defendant was notified before closing the deal.</p> <p>Same — Scope of Authority. It is within the apparent scope of the authority of an' agent for real estate brokers to agree for a division of commissions, according to the custom of brokers, with other agents through whose assistance specific sales are made.</p> <p>Same — Authority of Agent — Ratification. A real estate broker, which accepts the benefits of a transaction conducted by its assumed agent, ratifies the act, and1 is estopped to deny the agent’s authority, where, before closing the deal, it had notice of the agent’s assumption of authority.</p> <p>Same — Proof of Agency. The acts and declarations of an agent are admissible on an issue as to whether he held himself out and made the contract as agent, where there is independent evidence of the fact of agency and that the principal knowingly permitted him to hold himself out as such.</p> <p>Appeal — Review—Exceptions. The failure of instructions to limit the consideration of evidence to its proper purpose cannot be urged1, in the absence of exceptions to the instructions.</p> <p>Appeal — Harmless Error — Dismissal of Party — Issues and Proof. Error cannot be urged in granting judgment in favor of one defendant after verdict against all the defendants,