Doyen v. Bauer

Peterson, Justice.

Plaintiff sues to recover from defendant as his agent to procure a purchaser of his farm the difference between the agency list and actual sale price which defendant received and by fraud appropriated by falsely representing to plaintiff that the list was the best price obtainable, concealing the fact that as such agent he had an actual purchaser at a higher price, negotiating a sale to the purchaser at the higher price, receiving the purchase money, and accounting to plaintiff for only the list price.

For convenience, we shall, as the parties did, speak of acreage and prices…