Rush v. Leavitt

Citations

• 99 Kan. 498
• 162 P. 310

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>.1. Sale — Land—Vendor Liable for Fraud of Agent. One who sells land through an agent is responsible in damages for the fraud of the agent in making false statements concerning its character, by which the sale is effected, even although the principal had no knowledge of their laving been made.</p> <p>2. Same — Agency Established by the Evidence. The evidence held sufficient to support a finding that the land sold was the property of the ' person in whose name the title stood, and that the person- making the false representations was his agent in effecting the sale.</p> <p>3. Sale — Land—Contract Made by Third Party — Adopted by Vendor— Agency Created — Liability for Fraud. The owner of land who adopts the acts of another in negotiating its sale, thereby makes him his agent, and renders himself liable to the buyer in any damages sustained by reason of false statements by which the sale was effected, made by such person for that purpose before the agency was created, notwithstanding the owner had no personal knowledge of the fraud.</p>