Rubidoex v. Parks

Citations

• 48 Cal. 215

Syllabus

<p>Pbincipal and Agent.—The relations between an attorney-in-fact, who undertakes to care for and protect the land of his principal, and negotiate sales of the same, and the principal, are of a fiduciary nature, and the agent- must not put himself, during his agency, in a position which is adverse to that of the principal.</p> <p>Idem.—Agents, from the nature of their employment, are subject to the rule which governs the relation of trustee and cestui que trust, and an act of the agent with respect to the subject-matter of the agency, injurious to the principal, may be avoided by the principal, as between themselves.</p> <p>Dealings between Pbincipal and Agent. — The agent and principal are not absolutely prohibited from dealing with each other in respect to the subject-matter of the. agency or trust; but, in all their dealings with each other, the utmost good faith is required, and the burden of proof is on the agent to show affirmatively that he acted in good faith, fairly and honestly.</p>