52 Wash. 255 | Wash. | 1909
This action was brought in the superior court of Spokane county, June 8th, 1907, to cancel and set aside a certain deed to real property in said county, made by defendants to appellant, and for a rescission of the sale of the land therein described. The complaint alleged fraud, in that the agents of the defendants sold and pointed out to appellant a certain five-acre tract of land adjoining Monroe Park addition to the city of Spokane, and represented that the said five-acre tract was the one defendants owned and desired
Moody and one Rogers, his partner in the real estate business, testified that respondent Gray listed a five-acre tract of land with them for sale, and pointed out to them on the map the land which they sold to the appellant. It seems that the property was listed, according to the testimony of Moody and Rogers, at the price of $1,000, $50 commission to be paid by the respondent, and that the land was sold to the appellant for $1,500, the agents turning over to the respondent $950. Whereupon a deed was made by the respondents to the appellant for the tract of land which it is conceded was not the tract of land which the agents pointed out to the purchaser, the appellant Smith.
An examination of the testimony in this case convinces us that a fraud was perpetrated upon the appellant, but that the respondents were not parties to such fraudulent misrepresentations. It is incontrovertible, however, that the respondents would be liable for the acts of their agent done in the
The judgment is affirmed.
Rudkin, C. J., Mount, Chadwick, and Fullerton, JJ., concur.
Crow and Gose, JJ., took no part.