McGar v. Adams
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith.' This action was brought by W. W. McGar' against James B. Adams, and was commenced on the 1st April, 1879. The complaint contained a single count, claiming $300 for money had and received. The cause was tried on issue joined, and a verdict was rendered for the defendant.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith.' This action was brought by W. W. McGar' against James B. Adams, and was commenced on the 1st April, 1879. The complaint contained a single count, claiming $300 for money had and received. The cause was tried on issue joined, and a verdict was rendered for the defendant. On the trial, as the bill of exceptions states, the plaintiff introduced W. L. Chambers as a witness, “ who testified, that he, or the law firm of which he was a member, had been for several years the plaintiff’s agent concerning a store in the…
1Opinion of the Court
BBICKELL, O. J.
— An agent who, for a reward, is employed in the transaction of business, will justly forfeit all right to compensation, if he is guilty of bad faith to the principal; and it would be grossly disloyal, if he is an agent to sell, for him to use the agency, and the trust and confidence reposed, to become, without the knowledge and consent of the principal, a purchaser, by a combination with others bidding for the property. If, in ignorance of the facts, the principal should make payment of the compensation, when informed of them, he may recover it back, as money paid under…
2Cases cited1 opinion
- James v. JamesSupreme Court of Alabama · 1876
3Cited by21 opinions
- Shaffer v. Regions Financial Corp.Supreme Court of Alabama · 2009
- Handley v. ShafferSupreme Court of Alabama · 1912
- Carter v. ChambersSupreme Court of Alabama · 1885
- Edwards v. Allied Home Mortg. Capital Corp.Supreme Court of Alabama · 2007
- Dudley v. Colonial Lumber Co.Supreme Court of Alabama · 1931
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