H. recovered a judgment against C. for commissions on an exchange of land between C. and D., wherein H., with the consent of C., acted as agent for both parties: but it did not appear that D. knew that H. was agent for C.

Held: H. could not recover from either principal unless both assented to his double agency; Bell v. McConnell, 37 Ohio St., 396, followed and approved.

Judgments of district court and common pleas reversed.