Bacon v. Rupert
Bacon v. Rupert
Opinion of the Court
1. The testimony in this case fully justified the court below in its finding to the effect that plaintiff was employed by defendant to secure for him a loan of a certain sum of money for a specified rate of interest and term of years, to be secured by a mortgage on real estate then designated by defendant, for which services he agreed to pay plaintiff a stipulated compensation. The defendant personally, as clearly shown by the testimony, employed plaintiff to obtain the loan for him, not for another. In attempting to negotiate, the plaintiff would naturally and properly .take into consideration the character and financial standing of the applicant, undertaking the task more cheerfully, and perhaps for less compensation, if acting in behalf of a person thoroughly upright and responsible. In fact, many men engaged in the business of negotiating loans might positively refuse to secure one for an irresponsible person. If defendant was, as he claimed upon the trial, employing plaintiff in behalf of another, he should have disclosed the fact at the outset. He should not have permitted plaintiff to labor under a misapprehension as to the real borrower, to have supposed him to possess some pecuniary ability, when in truth, as conceded on the trial, the person who owned the property proposed as security, and for whom defendant now asserts he was acting, was without financial responsibility.
2. The court below erred in concluding that the testimony failed
Order reversed.
Reference
- Full Case Name
- Selden Bacon v. Charles G. Rupert
- Status
- Published