Carey v. Hays

The plaintiff Carey’s decedent and the decedent’s wife, Jean Wickersham, together with the defendants Hays and another, Swails, contracted to buy a ranch. The defendant Hays was also the realtor in the transaction, representing the seller. The plaintiffs contend Hays was guilty of misrepresentation and ask a money judgment. The trial court held for the plaintiffs and defendants appeal.

The defendant Hays was a California realtor. He had previously lived in Wallowa county, Oregon. He knew the Warnocks, who had a ranch for sale in Wallowa county. The Warnocks had listed their ranch for sale with…