Hayden v. Post

The evidence shows that the property in question was owned by Lena Post at the time of the alleged employment of the plaintiffs, and, therefore, pending the negotiations.

It also appears that such fact was made known to the plaintiffs pending the negotiations and long before the signing of the contract and the consummation of the exchange.

The plaintiffs having been thus apprised of the agency of Franklin Post, must be presumed to have dealt with him during the rest of the negotiations as the agent of his wife, the *205owner, unless we find some evidence to show an original undertaking on the part…