Legal Opinion

Wadsworth v. Adams

Supreme Court of the United States

Decided February 2, 1891No. 152PublishedCited by 48 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ALABAMA. The case, as stated by the court, was as follows: By the judgment below the defendant in error recovered the sum of twelve thousand eight hundred dollars as damages for the alleged breach of an agreement made, in March, 1883, at Birmingham, Alabama, between him and H. F. Da Bardeleben, representing Frank L. Wadsworth, trustee, whereby the plaintiff was to receive ten thousand dollars if he…

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ALABAMA. The case, as stated by the court, was as follows: By the judgment below the defendant in error recovered the sum of twelve thousand eight hundred dollars as damages for the alleged breach of an agreement made, in March, 1883, at Birmingham, Alabama, between him and H. F. Da Bardeleben, representing Frank L. Wadsworth, trustee, whereby the plaintiff was to receive ten thousand dollars if he negotiated the sale, at a discount of eight per cent'per annum, of five promissory notes, of one hundred thousand…

1Opinion of the CourtJustice Harlan

We cannot give our assent to the proposition that Adams, being a special agent only, was not guilty of a breach of duty in withholding from his principal information of the fact that McComb was willing to take the notes at a discount of eight per cent per annum, that is, for $380,000, provided he could not get them for $350,000. That fact came to his knowledge before he and McComb separated on the 27th of March, and good- faith, upon his part, required that he should at once, with the utmost dispatch, have communicated .it to his principal, and not have permitted him — pressed for money, as…

2Cases cited3 opinions

  1. Kilbourn v. SunderlandSupreme Court of the United States · 1889
  2. Rice v. WoodMassachusetts Supreme Judicial Court · 1873
  3. Raisin v. ClarkCourt of Appeals of Maryland · 1874

3Cited by48 opinions

  1. Schock v. NashSupreme Court of Delaware · 1999
  2. Sidney J. Brown v. James R. Coates, Marion E. Coates, and Margaret E. BrownCourt of Appeals for the D.C. Circuit · 1958
  3. Little v. PhippsMassachusetts Supreme Judicial Court · 1911
  4. McKinley v. WilliamsCourt of Appeals for the Eighth Circuit · 1896
  5. Zakibe v. Ahrens & McCarron, Inc.Missouri Court of Appeals · 2000

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