45 Colo. 427 | Colo. | 1909
delivered the opinion of the court:
This case has been once in the court of appeals, where a judgment for the plaintiff, Mrs. Linn, appellee here, was reversed solely on a question of law, which was clearly applicable to the case as then made. The undisputed testimony at the first trial showed that the defendant, Andrew Whitehead, one of the appellants here, on January 24th, 1899, procured a conveyance, fair on its face and then unexplained, of the property, over which this controversy 'arose, from its owners, James M. Gifford and wife, thus apparently vesting title in him as of that date. The contention of the plaintiff was then, and yet is, that Whitehead, while acting as her agent for the purchase of the property in question, bought it for $850.00,' fating title to himself, and immediately transferred it to her for $1,250.00. On this theory, in and by her first cause of action, the plaintiff sued Whitehead to recover the difference between the aforesaid purchase and sale prices, to wit, the sum of $400.00, out of which she claims she has been cheated by her alleged agent. Negotiations between said Whitehead and the plaintiff for the purchase and sale of this property began in the latter part of January, 1899, or early in February following. ■Upon the facts established at the former trial, the court of appeals held that, áccording to the evidence, including the deed of conveyance, nothing appearing to the contrary, Whitehead was the actual fiwner of the property before he began negotiations for its sale to Mrs. Linn, and even though he were .then acting .as her agent, still she, under such circumstances, would" have no cause df action for the
‘ ‘ This action as we conceive, is sustainable only upon the ground that the relation of principal and agent existed between Hanford and Ely at the time the latter contracted with Metz for the lot. If, before and at that time, Ely had undertaken to act as the agent of Hanford, to make the purchase for the latter, he would be liable in this action to refund to Hanford the difference between what Hanford paid him and what he paid Metz for the lot; for, being Hanford’s agent, this purchase from Metz would be Hanford’s purchase, and Hanford would, therefore, be entitled to the benefit of the contract.”
So here, Whitehead being the agent of Mrs. Linn, his purchase from Gifford would be Mrs. Linn’s purchase, and Mrs. Linn would therefore be entitled to the full benefit of the contract. This simply means that Whitehead must disgorge the $400.00. The law has little patience with people who engage in transactions of this character the regret
The judgment on the second cause of action, of which complaint is now made, must be affirmed, on the authority of the court of appeals in the decision heretofore referred to. From a like judgment at the former trial, upon this cause of action, that court, on a state of facts not materially different • from those now shown, unhesitatingly affirmed a judgment favorable to the plaintiff, and we now gladly adopt the views there expressed, under like circumstances and conditions, as approving the present finding in favor of the plaintiff on her second cause of action.
. On both causes of action the conclusions of the ' trial court were absolutely right, both on questions of law and on questions of fact, and the judgment as a whole should be affirmed. Affirmed.