166 N.W. 309 | S.D. | 1918
This case was -here on a former appeal. It will be found reported in 37 S. D. 282, 157 N. W. 1059, and reference is made to that report for a statement of the facts. The case was retried, and, from a judgment for defendants, plaintiff appeals. While there was some additional testimony at the second trial, there was no material change in the facts. Appellant relies upon errors of the trial court in the giving of certain instructions to the jury and in the refusal to give other instructions requested by appellant.
“Every man has a right to buy land as cheap as he can buy it, and sell it for as much as he can get for it, and to make as big profits as he can.”
While this may be true in the abstract, it has no application to the facts in this case. Respondents did not buy the land in .question and never owned any interest in it. They were merely acting as agents to sell the land for the owner and at a price that had been fixed by him. Of course a man has a right to buy land as cheaply as. he can, and' there is no limit to the profit he is entitled to make by selling such land at an advanced price. But when a man is selling land merely as an agent for another, then his profit is limited to the-> commission or other compensation agreed to be paid such agent by the owner, and the profit, if any, that results from selling at an advanced price inures to the benefit of the owner, and not to such agent.
“If the testimony and the evidence of the witnesses fail to prove that the Vesseys were connected with the deal or united in the conspiracy prior to the 'Consummation of the contract between Dill and AVolfgram on July 19, 19x1, then in that instance you must render your judgment in favor of the defendants T. E. and E. G. Vessey.”
This instruction amounted to a direction of a verdict in favor of E. G. Vessey because he does not appear to have had any connection with the transaction until after that date. The purported contract was executed by Dill as agent for W. S. Eagle, fixe owner of the land that was sold to appellant, but it had not been authorized by Eagle, and' was never ratified by him. No cash payment was provided for by the terms of that instrument, and Eagle refused to- sell his land unless he received a
We believe we have said enough to indicate the views of tin’s court as to the law applicable to the case, and that the same can be disposed of by the trial court without further 'difficulty.