McMillan v. . Arthur
New York Court of Appeals
■ Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made December 4, 1882, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.
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■ Appeal from judgment of the General Term of the Superior Court of the city of Mew York, entered upon an order made December 4, 1882, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Reported below, 16 J. & S. 424.) / The complaint alleged, in substance, that plaintiff, at the solicitation of the defendant, and upon his representation that the purchase could be made at a very low figure less than the stock was worth; that he had no interest in the sale, and that he would make the purchase out of friendship for plaintiff; the…
1Opinion of the Court
Rugee, Oh. J.
The complaint in this action seems to have been framed upon the theory that the rule of damages in an action by a principal against an agent, who had defrauded him in purchasing property, by representing that he paid a larger price than it was actually obtained for, was upon an offer to surrender the property to the agent, its whole purchase-price. We think this theory is erroneous. The contract of purchase made with Hyde, the vendor of the stock, was precisely the contract which the plaintiff authorized his agent to make, and the principal could not, therefore, rescind that…
2Cited by12 opinions
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- Emmons v. AlvordMassachusetts Supreme Judicial Court · 1901
- Kinney v. GlennyAppellate Division of the Supreme Court of the State of New York · 1931
- Standard Oil Co. v. ScofieldNew York Supreme Court · 1885
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