The Southern Reporter (Volume 4). West Publishing Company
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Author: West Publishing Company
Page Count: 614 pages
Published Date: 31 Jan 2012
Publisher: General Books
Publication Country: Miami Fl, United States
Language: English
Type: PDF
ISBN: 9781235607240
File size: 44 Mb
Download Link: The Southern Reporter (Volume 4)
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888. Excerpt: ... even though, in doing so, it may be called on to administer relief which pertains to courts of common law. Affirmed. NOTE. Principal And Agent--Conpidential Relations--"purchase Op Trust Property By Agent. A party will not be permitted to purchase property, and hold it for his own benefit, when he has a duty to perforin in relation thereto which is inconsistent with his character as a purchaser on his own account. King v. Remington, (Minn.) 29 N. W. Rep. 352, and note. Where an agent takes title to property of his principal, of which he has charge of the latter, fraud is presumed, and, in order to maintain his title, the agent must show afflmatively that he has not abused the trust reposed in him. Le Gendre v. Byrnes, (N. J.) 14 Atl. Rep. 621; Rochester v. Levering, (Ind.) 4 N. E. Rep. 203. and note.. The owner of land, who had lived at a distance and had never seen it, left the general control of it for many years to an agent, who did everything necessary for its management and preservation, but did not have power to sell, the relation of intimacy and confidence existing. The agent, through correspondence, procured a sale for the benefit of himself and another, who had knowledge of the facts, without disclosing all the facts calculated to enhance the value. Held, that the relation was sufficient to charge the agent with full disclosure of all facts touching the land, and, not having done so, the vendor was entitled to have the sale rescinded, and the title declared to be held in trust for him. Keith v. Kellam, 35 Fed. Rep. 243. Where an agent employed to purchase lands for his principal, and with the latter's money, upon the purchase thereof, takes the title thereto in his own name without the knowledge or consent of the principal, he will be adjudged to...
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