Gallagher v. O'Neill

Epperson, C.

On July 21, 1903, plaintiff Gallagher was the owner of a certain lot in South Omaha. At that time defendant O’Neill was engaged in the real estate business, and, for the purposes of this decision, we assume that he became plaintiff’s agent to effect the sale of the lot in question, that he purchased the property himself and did not disclose to his principal a material increase in its value, and that plaintiff, upon the discovery that defendant was the purchaser, had the right to rescind. This suit was brought for that purpose. The district court found “that the plaintiff, with…