115 Iowa 370 | Iowa | 1902
The duties of an agent to his principal are well defined by text writers, and are well settled by adjudicated cases, and the rule is fundamental that, where an agent sells his-entire time to his principal, he has no legal or moral right to devote a part of it to an independent business of his own,, and this regardless of the fact that it may not interfere with his service to his principal; and, if he does so, his principal is entitled to what he earns. Mechem, Agency, section 471.. But in the case at bar it is affirmatively shown that the-profits received by the plaintiff from the stock business of Rhine & Jackson are not the personal earnings of the plaintiff. There was money invested in that business with which the defendant had nothing to do> and upon which he had no claim. . The labor of the partner, Rhine, was also a part of the capital of the business, over which the defendant had no control. If the record before us were such that we might determine what the personal earnings of the plaintiff were-as a member of the stock partnership, we would not hesitate-to give the defendant the benefit of such earnings; but such is not the case, and he is clearly entitled to nothing-more. See Mechem, Agency, supra.
Complaint is made of the allowance to the defendant for keeping a horse of the plaintiff. There is nothing before' ns tending even to show that it is not just, nor that if is not the full value therefor. Such being the case the method of arriving at the amount allowed is not material. What we have already said as to the finding of the referee that the plaintiff did not neglect the defendant’s business disposes of the contention that the .contract of employment was forfeited on account of the partnership business.
The judgment of the district court is aeeirmed. •