58 Wash. 78 | Wash. | 1910
Action by Salina McGregor against J. B. Johnson and Annie M. Johnson, his wife, to recover $1,300, ■difference between the actual price of real estate bought for plaintiff by the defendant J. B. Johnson as her agent and an advance price represented by him and paid by her. The trial ■court, after hearing the evidence, in substance found, that the defendants, J. B. Johnson and Annie M. Johnson, are .husband and wife; that the profits arising from the transaction here involved inured to the benefit of the community; ■that the defendant J. B. Johnson, being engaged in the real ■estate business, represented to the plaintiff that, if she would authorize and trust him to purchase real estate for her, he would be able to secure investments below the market value and earn large profits; that, relying on his honesty, ability, And representations, the plaintiff appointed him as her agent
Appellants’ first contention is that the findings are not supported by the evidence, but after reading the entire record we conclude that they must be sustained.
Appellants further contend that the action in effect is one for damages arising out of the alleged wrongful act or tort of J. B. Johnson; that any liability thereby incurred became his separate obligation, and not that of the community consisting of himself and wife. In support of this contention they cite Brotton v. Langert, 1 Wash. 73, 23 Pac. 688, and Floding v. Denholm, 40 Wash. 463, 82 Pac. 738. The latter case, in so far as it can be applied to the facts now before us, fails to support the appellants’ present contention. In the Brotton case the debt incurred arose out of the wrongful act of a constable in making an unwarranted levy and sale which in no way inured to the benefit of the community consisting of himself and wife.
Assuming in the case before us that the appellant J. B.
The judgment is affirmed.