Ballew v. Ware & Harper

1. Contracts of dual agency are not void per se, but are so only when the fact that the agent represented both parties was not known to each. The burden of making out a complete defense lies on the defendant; and where duality of agency is relied on as a defense, it is necessary for the defendant to prove, not only the fact of such agency, but also that the same was not known to both parties. Red Cypress Lumber Co. v. Perry, 118 Ca. 876 (45 S. E. 674), and cases therein cited. In this case the evidence clearly shows that each party knew that the real-estate brokers, Ware & Harper, represented…