Townsend v. Shipley

— On May 26, 1920, Murray Shipley, Jr., plaintiff, bought of Fred Blair Townsend, defendant, one hundred and sixty acres of land, paying therefor $110 per acre. It afterwards came to plaintiff’s attention that defendant paid the owner of the land, one Allison, only $75 per acre. Plaintiff brought this action to recover the difference of $35 an acre, amounting to $5,600, upon the theory, first, that defendant, in purchasing the land of Allison, was acting as plaintiff’s agent, and therefore could take no secret profit to himself ; and, second, that defendant was his legal adviser (defendant…