Walker v. Callendar

Citations

• 109 Wash. 516
• 187 P. 380
• 1920 Wash. LEXIS 948

Syllabus

<p>Fraud (4)—Misrepresentations—Matters oe Fact or Opinion. In an action for the fraud of a real estate agent in pointing out the wrong land to a prospective purchaser, the agent’s statements that he was satisfied that1 it was the land in question were not, as a matter' of law, mere expressions of opinion, where the agent claimed to have such a description and knowledge of the land as to enable him to identify it, although he had never before seen it.</p> <p>Principal and Agent (9)—Evidence of Agency—Sufficiency. In an action against the owner of land for fraud of the agent in pointing out the wrong land, the evidence is insufficient to show that he was agent for the purpose of pointing out the land where it merely appears that he was the broker authorized to make the trade, and that the owner suggested that plaintiff go and see the land, and that the two had had considerable other business between themselves, and the owner was to pay part of the commission.</p> <p>Same (41)—Authority of Agent—Declarations of Agent. The authority of a real estate broker to show land belonging to his principal cannot be shown by declarations of the agent.</p>