Stewart v. Preston

Citations

• 77 Wash. 559
• 137 P. 993
• 1914 Wash. LEXIS 943

Syllabus

<p>Principal and Agent — Fraud—Liability of Agent. Where an agent misrepresents the price he had paid for land thereby inducing his principal to pay an advanced price, the agent is liable to the principal for the difference in price.</p> <p>Brokers — Fraud—Evidence—Admissibility. In an action to recover from plaintiff’s agent in the purchase of land the difference between the price actually paid by the agent and that which he represented as the cost, it is admissible to prove the customary commissions for purchasing lands for clients, where the plaintiff had offered to pay for the services, and defendant answered that he owed him nothing as he was to get his “commission” from the other side.</p> <p>Frauds, Statute of — Brokers—Employment. A contract authorizing an agent to purchase real estate, is not within the provision of the statute of frauds, requiring a contract employing a broker to sell real estate for a commission to be in writing.</p> <p>Appeal — Preservation of Grounds — Pleading—Offset. An offset or counterclaim will not be allowed on appeal where it was not pleaded below.</p> <p>Brokers — Fraud—Liability of Agent — Damages—Offset. An agent in the purchase of land, who was guilty of fraud in misrepresenting to his principal the amount paid for land, cannot offset against the damages the reasonable amount of his commissions which he had waived.</p>