Kight v. Orchard-Hays

COSHOW, O. J.

1. Defendants rely upon the well-established legal principle that an agent cannot serve both parties to a sale in which their interests conflict. The legal principle is well stated in 1 Mechem on Agency (2 ed.), Sections 178, 1588, 1589, 1590. Defendants cite a large number of authorities in support of their position, but we believe it unnecessary to cite further authorities on a principle as well established as is the law controlling double agency as stated above in Mechem.

2. It is equally well settled that a person may act as agent for two parties with the consent of the…