Thompson v. Salmon

Citations

• 18 Cal. 632
• 1861 Cal. LEXIS 256

Syllabus

<p>A tenant in common of lands, employed as agent by special agreement between himself and cotenant to take charge of the land, make sales thereof at certain prices—receiving a commission of five per cent, on sales—may sne his cotenant for the services rendered, in respect to the land, outside of selling it.</p> <p>The fact, in such case, that the agent renders from time to time an account of his sales, deducting his disbursements for taxes, costs of suits, his commissions, etc., without including any charge for his other services—as superintending a large number of suits, hunting up witnesses, ascertaining the portion of land on which each squatterywas settled, etc.—does not preclude him from after-wards making a monthly charge for these latter services, whatever may be the effect of his omission to include, such charge in his accounts as against the reasonableness of the charge.</p>