Townsend v. Dilsheimer

Citations

• 50 Wash. 294
• 97 P. 53

Syllabus

<p>Principal and Agent — Employment—Vendor and Purchaser— Fraud — Evidence—Sufficiency. The evidence is insufficient to show that the plaintiffs, the vendors in a written contract of sale of mining claims for $10,200, had employed the defendants to act as their agents in effecting a sale for $10,000, agreeing to pay a commission, and that they were induced through fraud to execute the contract to one of the defendants to enable them to negotiate a sale, when the agents in fact were making a sale for $60,000, where it appears that the contract was an unambiguous one to sell the property to one of the defendants within two years upon the payment of installments, and there were no circumstances justifying an inference that the real agreement differed from the writing, which must accordingly conclude the parties; and the fact that in about a year the vendee in the contract was enabled to make a sale of the claims, with others, for $60,000 is immaterial.</p>