Lightcap v. Nicola

Citations

• 34 Pa. Super. 189
• 1907 Pa. Super. LEXIS 104

Syllabus

<p>Practice, C. P. — Motion for judgment non obstante veredicto — Evidence —Act of April 22,1905, P. L. 286.</p> <p>The Act of April 22, 1905, P. L. 286, is not intended to change the relative functions of court and jury, so as to permit the judge to decide questions of conflicting evidence, but only to allow him to do.subsequently on review of the whole case what it then appears it would have been proper to do by a binding direction at the trial.</p> <p>Principal and agent — Serving two masters — Commissions—Vendor and vendee — Fraud—C ontract — Rescission—Notice.</p> <p>Where the seller of land, or his agent in the transaction, has knowledge that there exists between the purchaser and another such a relation that it would be a breach of duty on the part of that other person to enter into a similar relation with the seller, the same principle of law which forbids him to do so while still acting for the purchaser, must forbid the seller to enter into that relation with the purchaser’s agent or employee, without the knowledge and consent of his principal or employer.</p> <p>The rule being not merely remedial of actual wrong, but preventive of the possibility of it, it may be invoked not only against the unfaithful agent or employee in an action involving his commissions, or other form of compensation, but also against the seller as the foundation of a right in the purchaser to rescind the contract of sale upon discovery of the constructive fraud.</p> <p>The vendee’s right to rescind is not affected by the fact that a part of the commission paid by the vendor to the vendee’s agent was for services previously rendered by such agent to the vendor in prior transactions.</p> <p>Where a vendor of land gives secret commissions to the vendee’s agent, and knowledge of the fraud is discovered by another of the vendee’s agents three months after the transaction, and after the expiration of such agent’s employment, the notice to such agent is not notice to the vendee.</p> <p>To