Claypool v. Rutherford

Opinion of the Court by

Judge Tilford

Affirming.

The appellee sued the appellant and one Elmer C. Anderson to recover the excess proceeds of the sale of a mineral lease which appellee had executed to appellant in order to enable him as her agent to sell it advantageously.

Appellant enlisted the services of Anderson who sold the lease for $3,000 to a purchaser from Texas where the land was located. The amount for which the lease was sold was concealed from appellee by appellant who testified that shortly thereafter he visited the appellee at her home in Bowling Green and paid her $700. According…