Ames v. Duff & Youk
Ames v. Duff & Youk
Opinion of the Court
This action was brought to recover $2,325 as damages alleged to have been suffered by the plaintiffs because of a fraudulent conversion of plaintiffs’ property by the- defendants. Upon issues joined, the case was tried to the court without a jury, and resulted in a judgment of dismissal. The plaintiffs have appealed.
The respondents have not appeared in this court. The facts as shown by the record may be briefly stated as follows: In April of 1918, the appellants were the owners of about thirty acres of land in Lewis county. The respondents were real estate brokers in the city of Tacoma. The appellants listed their little farm in Lewis county with the respondents for sale or exchange for property in Tacoma. The list price was $3,500 for the farm, including household goods, farm implements and live stock. A day or two'later, respondents stated to appellants that they had thirty-five lots with a little
After the trade was completed, deeds exchanged, and the appellants took possession of the thirty-five lots in Tacoma, the respondents traded the equity in the thirty-acre farm to one Reman, in Tacoma, for the house and two lots. Mr. Reman took the farm subject
The appellants, in their brief, concede that, if they knew and consented to the deal between Hannah and the respondents, they are not entitled to recover. The trial court, on seeing the witnesses and hearing all of the evidence upon that question, found as follows:
“That the plaintiffs examined the Tacoma property they were taking title to before the transaction was consummated; that the plaintiffs knew that the defendants, as agents for Hannah, had to give net to their client the sum of $1,350, and that they took the deed and bill of sale in blank for the purpose of working out and realizing their commission from their client, Hannah, and that the plaintiffs knew at all times that the deed and bill of sale were made in blank for the purpose above stated. That no material fact was withheld by the defendants from the plaintiffs, and that there was no deceit or fraud practiced, nor was there a secret profit made by the defendants from the plaintiffs, nor were they deceived in any way. ’ ’
We have examined both the statement of facts and the abstract of the evidence in this case carefully, and while there is direct conflict in the evidence upon the question whether the appellants knew all the facts and circumstances connected with the transaction and were
The judgment appealed from must therefore be affirmed. No costs will be allowed to the respondents because they have made no appearance in this court.
Tolman and Bridges, JJ., concur.
Reference
- Full Case Name
- A. P. Ames v. Duff and Youk, Copartners
- Status
- Published