Gilliland v. Jaynes

Opinion by

AMES, C.

The first error assigned and dis cussed is the action of the court in refusing a peremptory instruction, and the position of the plaintiff in error, hereinafter referred to as defendant, is thus stated in his brief:

“We maintain, first, that a binding contract whereby the plaintiff was to sell property of the defendant as the defendant’s agent was not proven at the trial; second, that, if the plaintiff was acting as the agent of the defendant in the sale of defendant’s property, the interest which he would have acquired in the purchased property was antagonistic to the…