Skinner Manufacturing Co. v. Douville

Citations

• 57 Fla. 180

Syllabus

<p>1. A carbon copy of a telegram addressed to the president of the defendant company at Battle Creek Sanitarium, Battle Creek, Michigan, was introduced in evidence by the plaintiff over the objection of the defendant, there being no proof that the original had been delivered to the telegraph company for transmission and that the same had been lost or destroyed, and no proof that the said president was at Battle Creek at the time, or that it had ever been delivered to him: Held, that as the evidence sought to be established was important the admission of the carbon copy was erroneous.</p> <p>2. It is the duty of a real estate broker to remain loyal to the interests of his client during the continuance of his agency, to disclose to his principal any fact or circumstance that might naturally tend to influence the latter in the conduct of the transaction, and that would affect his interests. He cannot act adversely to his principal, and if he does so, he forfeits his right to recover compensation for his services.</p> <p>3. All matters of confession and avoidance including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of law on the ground of fraud or otherwise, must under our system of pleading be specially pleaded. The only exception to the rule is where the case of the plaintiff is based on a violation of some statute or of some rules of public policy, or of public morals.</p>