Hermann v. Hall
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Oregon; R. S.‘Bean, Judge. Suit in equity by Christian Hermann against John F. Hall and others. Decree for defendants, and complainant appeals.
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Appeal from the District Court of the United States for the District of Oregon; R. S.‘Bean, Judge. Suit in equity by Christian Hermann against John F. Hall and others. Decree for defendants, and complainant appeals. Suit in equity by plaintiff to quiet title to certain real property situated in Coos county, Or., and to set aside and have declared null and void, on the ground of alleged fraud, certain deeds purporting to convey the legal title to the land in controversy to the defendants. On November 7, 1903, the plaintiff, Christian Hermann, and his wife, Dora Hermann, residents of the German…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The. plaintiff bases his right to the relief prayed for in his complaint upon the rule, laid down by the text-writers and adhered to in many authoritative decisions, that if an agent in the sale of property of his principal purchases it himself, or any interest therein, either directly or through the instrumentality of a third person, without the knowledge 'or consent of the principal, the sale is voidable, and may be set aside at the option of the principal; that in a transaction of that nature the amount of the consideration, the absence of undue…
2Cases cited7 opinions
- Michoud v. GirodSupreme Court of the United States · 1846
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Grumley v. WebbSupreme Court of Missouri · 1869
- Robertson v. ChapmanSupreme Court of the United States · 1894
- Marquam v. RossOregon Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Board of Com'rs Okfuskee County v. HazelwoodSupreme Court of Oklahoma · 1920
- Pittsburgh Equitable Meter Co. v. Paul C. Loeber & Co.Court of Appeals for the Seventh Circuit · 1947
- Payne v. BeardCourt of Appeals for the Eighth Circuit · 1917
- Magnolia Petroleum Co. v. TaylorCourt of Appeals of Texas · 1943
- Jay v. General Realties Co.District of Columbia Court of Appeals · 1946