Jones v. Arnold
Jones v. Arnold
Opinion of the Court
The opinion of the court was delivered by
In this action appellees, a- firm of real-estate brokers, sought to recover $750 as commission for procuring a purchaser of appellant’s farm consisting of two hundred and forty acres. Appellant fixed the price of her land at $15,000, and it was agreed
It is true, as contended, that agents are bound to the exercise of good faith as well as diligence and skill towards the principal, and after assuming the relationship of agents they are bound to keep the principal informed of the facts affecting the interest of the principal. The question of whether appellees acted in bad faith towards appellant was submitted to the jury, and their verdict is, in effect, a finding that there was no fraud practiced. There was testimony, which was evidently credited by the jury, to the effect that when .appellees first interviewed appellant about her land she (only asked $15,000 for it and that she then agreed to .give appellees one per cent of the $15,000 ($150) and .any sum in excess of $15,000 which the purchaser was willing to pay. It is true that appellees had been told that the purchaser desired a farm and might pay $65 per acre for appellant’s land, but there was no assur-.anee that he would take it at any price. To show that there was no concealment of the fact that the farm was to be sold at a higher price than $15,000 and that appellant was not misled as to price or commission there ■was proof that she agreed in advance that she would
The complaint that the court failed to instruct the jury as to bad faith and fraud'is not well founded. After stating the claims of appellant in this respect the court told the jury that:
“It is the duty of one acting for another in the sale of real estate, whether for compensation or otherwise, to faithfully and truthfully make known to his principal all matters pertaining to the transaction, and to act with the strictest integrity and the utmost good faith toward his principal, and, if he violates this duty in any manner he forfeits any commission that would otherwise be due him.”
This is followed by a statement of the general rules applicable in determining whether or not there is fraud in a given transaction. Appellant has no cause to complain of this instruction.
The case appears to have been fairly submitted to the jury, and it also appears that there is sufficient testimony to sustain the finding that there was neither bad faith or fraud practiced by the appellees.
The judgment will be affirmed.
Reference
- Full Case Name
- W. R. Jones, Partners, etc. v. Alice S. Arnold
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- SYLLABUS BY THE COURT. Principal and Agent — Good Faith of Agent — Evidence—Entitled to Commission. An agent engaged to find a purchaser for his principal’s iand is bound to act with the utmost good faith towards.him and to keep him informed of facts affecting his interest; but, held that the finding of the jury that the acts of the agent herein were free from fraud is sustained by the testimony.