Stearns v. Hochbrunn

Citations

• 24 Wash. 206
• 64 P. 165
• 1901 Wash. LEXIS 515

Syllabus

<p>BROKERS-LIABILITY TO PRINCIPAL-ACTION POR CONVERSION-SUPPIOIENCY OP COMPLAINT.</p> <p>In an action against a real estate broker to recover the difference between the price for which he sold his principal’s property and the price which he accounted for, the complaint states a cause of action when it alleges .that the plaintiff employed defendant to procure, a purchaser for her property at the highest price obtainable; that defendant found a purchaser who was willing to pay a certain sum; that he reported to plaintiff that the purchaser would pay a smaller sum; that a conveyance was made to such purchaser and defendant collected and converted to his own uss the difference between the price actually received and that reported by him to plaintiff.</p> <p>SAME —■ LIMITATION OP ACTIONS —' PRAUD.</p> <p>An action by a principal against an agent to recover a sum of money, with interest, which the agent had obtained in violation of his trust, had concealed the fact from his principal, refused to pay the money over on demand after discovery, and fraudulently converted it to his own use, is an action for relief on the ground of fraud within the meaning of the statute of limitations, so that an action would not be deemed as having accrued until the discovery by the aggrieved party of the facts constituting the fraud.</p> <p>SAME-DISCOVERY OP PRAUD-SUPPICIENCY OP ALLEGATIONS TO AVOID STATUTE OP LIMITATIONS.</p> <p>In an action for relief on the ground qf fraud, it is not necessary, in order to avoid the statute of limitations, to allege in the complaint what acts of diligence plaintiff used to discover the fraud, the circumstances of its discovery, and why it was not discovered sooner, hut it'is sufficient, under the code, to plead merely the time at which the fraud was discovered.</p>