Shannon v. Marmaduke
Texas Supreme Court
Appeal from Red River. Suit commenced Nov. 1,1852, by Marmaduke against Shannon and Becknell. On the 6th day ■of April, 1843, William Becknell being indebted to Meredith M. Marmaduke, of the State of Missouri, in payment thereof, ■at the request of Marmaduke, executed a bond to Thomas J. Shannon for the conveyance of one thousand acres of land in Red River county, part of Becknell’s headright, as soon as he ■could receive a patent therefor.
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Appeal from Red River. Suit commenced Nov. 1,1852, by Marmaduke against Shannon and Becknell. On the 6th day ■of April, 1843, William Becknell being indebted to Meredith M. Marmaduke, of the State of Missouri, in payment thereof, ■at the request of Marmaduke, executed a bond to Thomas J. Shannon for the conveyance of one thousand acres of land in Red River county, part of Becknell’s headright, as soon as he ■could receive a patent therefor. Same day said Shannon gave Marmaduke a written promise to pay over to him the proceeds ■arising from the sale or rent of said land, reserving ten per…
1Opinion of the CourtWheeler, J.
It is the well settled general rule, that a person cannot act as agent for another and become himself the buyer. “ He cannot be both buyer and seller, at the same time, “ or connect his own interest in his dealings as an agent or “ trustee for another. It is incompatible with the fiduciary relation. Emptor emit quam minimo potest, venditor vendit “ quam máximo potest. The rule is founded on the danger of “ imposition and the presumption of the existence of fraud, in- “ accessible to the eye of the Court. The policy of the rule is “ to shut the door against temptation, and which, in the cases…
2Cited by22 opinions
- Crenshaw v. SwensonCourt of Appeals of Texas · 1980
- Schiller v. ElickTexas Supreme Court · 1951
- Anderson v. GriffithCourt of Appeals of Texas · 1973
- Burleson v. EarnestCourt of Appeals of Texas · 1941
- Nabours v. McCordTexas Supreme Court · 1904
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