64 A. 738 | Conn. | 1906
This plaintiff claimed and offered evidence to prove that the defendant, having been informed by the plaintiff that the latter was desirous of purchasing certain real estate then occupied by him as tenant, represented to the plaintiff that he, the defendant, could purchase it more advantageously than could the plaintiff, and solicited from the plaintiff the agency to act for the latter in making said purchase for him; and that thereafter the defendant abused the confidence thus reposed in him and was unfaithful to said trust, in that he took advantage of the situation to secretly buy and sell said property on his own account, to his great profit and the plaintiff's injury.
The plaintiff offered parol evidence to prove said agency. Upon the defendant's objection this evidence was received. In the court's instructions to the jury the latter were told *298 that the agency relation might be established by parol notwithstanding the statute of frauds. This ruling and these instructions furnish the basis of the appellant's only complaint.
The situation presented was precisely that, in all pertinent particulars, which was passed upon in Rathbun v.McLay,
There is no error.
In this opinion the other judges concurred.