Omicron Co. v. United States Fidelity & Guaranty Co.

On August 19, 1940, A. R. Carlson, a licensed and bonded real estate broker, purporting to act for William Mathewson, made an offer to Omicron Company, Inc. — hereinafter called Omicron — for an apartment house. The offer was accepted, an earnest money receipt was executed, and Carlson delivered to Omicron Mathewson’s check for one thousand dollars. On the next day, Mathewson, learning of the transaction by a letter from Omicron, went to its office, claiming that Carlson had acted without due authority, and demanded his check. Omicron refused the demand, had the check certified, and, upon…