54 Wash. 134 | Wash. | 1909
The plaintiff in this action is a school teacher and the defendant a dealer in real estate. About the month of July, 1906, the plaintiff arrived in the city of Seattle, bearing a letter of introduction to the defendant from a mutual friend in Chicago. Between July and November, 1906, the plaintiff purchased several pieces of property in the city of Seattle from or through the defendant, one of which at least was resold by the defendant on commission. Considerable sums of money belonging to the plaintiff were carried by the defendant in his private account, and he re
In the month of November, 1906, the plaintiff purchased from or through the defendant a tract of land on Capitol Hill in the city of Seattle for the consideration of $5,700, the purchase price of which was paid as follows: $2,500 by mortgage, $2,606.25 from money belonging to the plaintiff in the hands of the defendant, and the balance of $893.75 by a second mortgage on the property in favor of the defendant. The property in question.was conveyed by Iola J. Herron and husband to the defendant under date of November 30, 1906, and by the defendant to the plaintiff under date of January 14, 1907, but it is conceded that the preliminary negotiations for the conveyance from the Herrons to the defendant, and from the defendant to the plaintiff, antedated their respective deeds by some considerable time. The consideration paid the Herrons by the defendant was $5,000, while the consideration paid the defendant by the plaintiff was $5,700. The plaintiff had no knowledge of and did not discover this difference in consideration until after the execution and delivery of her note and mortgage to the defendant, and the present action was thereupon instituted to cancel the note and mortgage on the ground of fraud. From a judgment in favor of the defendant, the present appeal is prosecuted.
It seems to be conceded that the relation of principal and agent subsisted between the respondent and the appellant at the time of the sales and conveyances in question. In any event, that relationship was clearly and unequivocally established by the testimony. The respondent purchased and sold property for the appellant, carried her money in bank in his own name, received and paid out money, signed contracts and receipts in her behalf, and represented her in various ways at various times.
The respondent contends that he purchased the property
The judgment is reversed with directions to cancel the note and mortgage described in the complaint, upon the payment into court by the appellant of the sum of $193-75, with interest from date of the mortgage. If the mortgage cannot be surrendered or cancelled by reason of its negotiation to innocent parties, the court will give judgment against the respondent for the sum of $700, with interest from the date of the mortgage, and for costs of suit.