45 Wash. 536 | Wash. | 1907
The facts alleged in the amended complaint and found by the court are substantially these: That on and prior to the 20th day of July, 1903, the plaintiff was the owner in fee of seventy-five acres of land in King county, particularly described in the complaint and findings; that she is a woman of limited education and has little knowledge of business transactions, especially in regard to real estate titles; that on the 29th day of September, 1902, a tax judg
It is strange that a court of equity should be asked at this late day to sanction and uphold such fraud and double dealing on the part of an agent as is disclosed by this record. But, while the conclusion of law and decree which should follow from the foregoing findings would seem inevitable, we will nevertheless discuss briefly the different objections urged on behalf of the appellants. It is first contended that it does not appear that the respondent was the owner of the land or had any interest therein at the time of the execution of the quitclaim deed. This contention is based upon the theory that the finding that the property was sold under-tax judgments, negatives and destroys the finding that the respondent was the owner in fee. It is true the finding may not necessarily show that the tax judgment was void, but nevertheless it clearly appears that the appellant Nunn knew or believed that the tax judgment was void as a matter of
It is next contended that the findings do not show that the quitclaim deed executed by the respondent was ever delivered. There was no specific finding to that effect, but . the court did find that the deed was executed by the respondent, that the appellant thereafter filled in the name of the grantee, that the property was purchased for the benefit of the appellant Nunn, and that appellant Pillsbury as grantee moved to vacate the judgment. From the foregoing we must infer a delivery, in the absence of a statement of facts or bill of exceptions. We have thus far considered the case from the standpoint of actual fraud, which we think the findings abundantly show, but the same result necessarily follows from the other facts found. The law exacts of every agent the utmost fidelity to his principal. He must keep him fully informed as to all his transactions, and the state of the business or interests entrusted to him. Any departure from these rules is a fraud in law. An agent to sell cannot become the purchaser, and an agent to buy cannot be himself the seller. Equity removes from the trustee every temptation to violate his trust by declaring in advance that all such transactions are null and void at the option of the principal, and the wisdom of this rule is fully demonstrated by the record before us.
On the ground of both positive and implied fraud, the judgment appealed from is correct, and the same stands affirmed.
Hadley, C. J., Fullerton, Dunbar, Mount, and Crow, JJ., concur.
Root, J., took no part.