Legal Opinion

King v. Tallmadge

North Dakota Supreme Court

Decided July 18, 1920PublishedCited by 13 opinions

Erom a judgment of the District Court of Billings County, Crawford, J., plaintiff appeals. “It is a general rule, to which there are certain exceptions, that a person may not be the agent for both the contracting parties at the same time.” 2 O. J. 448, 712, §§ 47 c, 367 j. “An agent can never have authority, either actual or ostensible, to do an act which is and is known or suspected by the person with whom he deals to be a fraud upon the principal.” N. D. Comp.

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Erom a judgment of the District Court of Billings County, Crawford, J., plaintiff appeals. “It is a general rule, to which there are certain exceptions, that a person may not be the agent for both the contracting parties at the same time.” 2 O. J. 448, 712, §§ 47 c, 367 j. “An agent can never have authority, either actual or ostensible, to do an act which is and is known or suspected by the person with whom he deals to be a fraud upon the principal.” N. D. Comp. Laws, § 6327. “Agency will not be presumed, and where its existence is denied the burden of proof is upon him who asserts its…

1Opinion of the Court

Christianson, Oh. J.

The plaintiff brought this action to rescind a certain transaction whereby she agreed to convey to the defendant Tallmadge certain lands in Billings county in exchange for a residence located in Cooperstown in this state. The transaction was negotiated through one Grassinger. One of the controverted questions is whether Grassinger was Tallmadge’s representative, or whether he acted for tha plaintiff. The plaintiff -claims that she was induced to make the deal through false and fraudulent representations. During the course of the trial she testified to certain…

2Cases cited3 opinions

  1. Landis v. KnightNorth Dakota Supreme Court · 1912
  2. Williams County State Bank v. GallagherNorth Dakota Supreme Court · 1916
  3. Sutherland v. NoggleNorth Dakota Supreme Court · 1916

3Cited by13 opinions

  1. Rovenko v. BokovoyNorth Dakota Supreme Court · 1950
  2. Remmich v. WagnerNorth Dakota Supreme Court · 1950
  3. Coykendall v. KelloggNorth Dakota Supreme Court · 1924
  4. County of Hettinger v. TrousdaleNorth Dakota Supreme Court · 1939
  5. Hassen v. SalemNorth Dakota Supreme Court · 1921

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