Legal Opinion

Shannon v. Marmaduke

Texas Supreme Court

Decided July 1, 1855PublishedCited by 22 opinions

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

  1. Crenshaw v. SwensonCourt of Appeals of Texas · 1980
  2. Schiller v. ElickTexas Supreme Court · 1951
  3. Anderson v. GriffithCourt of Appeals of Texas · 1973
  4. Burleson v. EarnestCourt of Appeals of Texas · 1941
  5. Nabours v. McCordTexas Supreme Court · 1904

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