78 So. 851 | Ala. | 1918
Appellee sued appellant for damages for the breach of an alleged contract "wherein and whereby the defendant agreed to pay the plaintiff the sum of $75 to negotiate with H. M. Fagan for the sale to the defendant" of a certain house and lot in the city of Anniston. The above-quoted and other parts of the complaint make it clearly to appear that appellee was suing to recover a commission earned by him as agent for appellant in procuring for the latter a contract for the purchase of Fagan's house and lot.
For a reversal of the judgment against *498 him appellant relies upon the principle of law stated in 31 Cyc. 1448, in the following language:
"One cannot act as agent for both the buyer and the seller in the same transaction, since it is to the interest of the vendor to secure the highest price and the purchaser to pay the least, and the agent thereby puts himself in a conflicting position"
— contending that the trial court failed to recognize and enforce this rule in refusing certain charges in writing requested by him.
Appellant's contention must prevail. The reason underlying the above-stated rule is that the agent may not place himself in a position tending to induce bad faith toward one or both his principals; but it is true that there is no legal objection to such double employment, if both principals are given fully to understand the situation and consent thereto. Green v. Southern States Lumber Co.,
Reversed and remanded.
ANDERSON, C. J., and McCLELLAN and GARDNER, JJ., concur.