Moore v. Blackburn

Citations

• 67 Wash. 117
• 120 P. 875
• 1912 Wash. LEXIS 1129

Syllabus

<p>Principal and Agent — Employment of Agent — Brokers—Evidence- — -Sufficiency. The evidence is sufficient to show that a broker to secure a loan was the agent of the borrower tó pay off a prior mortgage on the property, where it appears that he was employed by the borrower for a commission, that the lender, who was to have a first mortgage lien and had no knowledge of the first mortgage, drew a check for the amount of the loan in favor of the broker to enable him to draw the money and obtain his commission, the borrower not being known at the bank, whereupon these two went to the bank to draw the money, it being previously agreed that the broker should discharge all liens on the property; but the mortgage was not discharged, the borrower later conveying the land and leaving the state, and the broker having paid interest on the first mortgage for a time and committed suicide upon the matter being investigated; hence the borrower’s grantee is chargeable with payment of the first mortgage.</p>