Davenport v. Burke
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. John M. Flynn, Presiding Judge. Suit to quiet title and for injunction. Judgment for plaintiffs and cross-defendant. A principal cannot claim the fruits of fraud perpetrated by his agent, whether he knew of the fraud or not, and even when the' agent acts within the scope of his authority and is instructed to make no false statements.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. John M. Flynn, Presiding Judge. Suit to quiet title and for injunction. Judgment for plaintiffs and cross-defendant. A principal cannot claim the fruits of fraud perpetrated by his agent, whether he knew of the fraud or not, and even when the' agent acts within the scope of his authority and is instructed to make no false statements. (Nelson v. Title Trust Co., 52 Wash. 258, 100 Pac. 730; Griswold v. Gebbie, 126 Pa. St. 353, 12 Am. St. 878, 17 Atl. 673; Salina Mere. Co. v. Stiefel, 82 Kan. 7-14, 107 Pae.…
1Opinion of the CourtMorgan, J.
This case has heretofore been before this court upon appeal from a judgment on the pleadings. (Davenport v. Burke, 27 Ida. 464, 149 Pac. 511.) That judgment was reversed and the cause remanded for further proceedings. Whereupon appellant, defendant in the court below, applied for and procured an order of the trial court permitting him to file a third amended answer and cross-complaint and to make the Consolidated Interstate-Calahan *602Mining Company, a corporation, hereinafter referred to as the mining company, a party. The answer and cross-complaint was filed and the plaintiffs and the mining…
2Cases cited17 opinions
- Western Manufacturing Co. v. CottonCourt of Appeals of Kentucky · 1907
- Fifth Avenue Bank v. Forty-second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1893
- D. Sullivan & Co. v. RamseyCourt of Appeals of Texas · 1913
- Haskell v. StarbirdMassachusetts Supreme Judicial Court · 1890
- Davenport v. BurkeIdaho Supreme Court · 1915
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3Cited by49 opinions
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