Ritchey v. McMichael

Citations

• 4 Cal. Unrep. 384
• 35 P. 151
• 1893 Cal. LEXIS 1098

Syllabus

<p>Agency—Deceit of Agent in Buying Land.—Plaintiff authorized defendant to buy for Mm land from one B. for $2,750, agreeing to pay one-third cash, one-third in six months, and the balance in a year. Thereafter defendant represented that B. would not sell except for one-half cash and the balance in a year; that he had taíen a deed to himself on those terms, and would convey to plaintiff on the terms agreed on between them. He then forwarded a contract of sale to plaintiff and drew on him for $916.66. Plaintiff executed the contract and paid the draft. Defendant’s representation as to his purchase of the land from B. was false, B. having agreed to sell it to another for $1,375. Held, that plaintiff could recover the amount paid on the draft.</p> <p>Agency—Fraud of Agent—Accounting.—In such ease the relation of principal and agent existed between plaintiff and defendant, and the latter was accountable for the money paid him by plaintiff to carry out the purposes of the agency.</p>