55 Mo. App. 39 | Mo. Ct. App. | 1893
On the trial of this cause no exceptions were saved to the action of the court in admitting or rejecting evidence, and no instructions were asked or given; hence we must affirm the judgment, if it can be sustained on any possible theory of law applicable to the facts. Gentry v. Templeton, 47 Mo. App. 55.
The defendants are real estate agents, and the plaintiff brought his action to recover from them the purchase money for certain real estate. It was alleged in the petition that the defendants sold the property as the agents of the plaintiff, and that they had collected the purchase money and had refused to pay it to plaintiff.
There was evidence tending to show the following facts: The plaintiff is a colored man. One Ben Glass, also colored, who was unknown to the defendants, represented to them that he was William Kelly, the owner of certain property in the city pf St. Louis, and that he desired the defendants to find a purchaser for the property at the price of $600. A purchaser was found, who agreed to pay the price asked. In order, to consummate the fraud, Glass represented to the plaintiff that the property had been sold for $900, and that Charles Vogel, whom the plaintiff had employed to sell it, had made the sale. The plaintiff, believing this to be true,
It clearly appears that Glass, in the first instance, was not authorized to employ the defendants to sell the property. However, the plaintiff in this action has elected to ratify this unauthorized act of Glass, thereby concluding himself as to all acts of either Glass or the defendants within the scope of the agency.
It may be remarked in the outstart that the fact, that the defendants were deceived as to the true identity of Glass, can make no difference. They were bound to know that he was Ben Glass and not William Kelly. With this idea kept in view the case will be relieved of some of its apparent difficulties.
As the representative of Kelly, Glass had the right to agree with the defendants concerning the selling price
We, therefore, hold that there was evidence tending to show-a liability on part of defendants for the-sum of $204, the amount of the fraudulent incum
With, the concurrence of the. other judges the judgment will be affirmed. It is so ordered.