Legal Opinion

Carpenter v. Hammer

Supreme Court of Arkansas

Decided May 13, 1905PublishedCited by 13 opinions

Appeal from Monroe Circuit Court. George M. Chaprine, Judge. Agents cannot act for parties1 whose interest in the least interferes with that of their principal. Evans, Ag. 212; 39 Mich.. 511; 59 N. W. 27; 93 Am. Dec. 718. If the agent acts adversely to his agreement, it amounts to a fraud on the principal. 59 N. Y. 97; 102 N. Y. 505; ri R. I. 311; 66 Pa.

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Appeal from Monroe Circuit Court. George M. Chaprine, Judge. Agents cannot act for parties1 whose interest in the least interferes with that of their principal. Evans, Ag. 212; 39 Mich.. 511; 59 N. W. 27; 93 Am. Dec. 718. If the agent acts adversely to his agreement, it amounts to a fraud on the principal. 59 N. Y. 97; 102 N. Y. 505; ri R. I. 311; 66 Pa. St. 332; 34 Ark. 332. Plaintiff was not entitled to recover the $16, amount of expense bill. 4 Ark. 179; 6 Ark. 51; 5 Ark. 672; 24'Ark. 210; 35 Ark. 156; 21 Ark. 69, 309; 26 Ark. 296; 33 Ark. 150.

1Opinion of the CourtHire, C. J.

Hammer lived in Illinois, and had some property in Arkansas County in this State, and came with some land seekers on one occasion, and desired to do so again. Carpenter & Farmer were a firm of real estate agents, .operating in Arkansas and adjoining counties. A contract was entered into between Plammer and said firm by which it was agreed that Plammer should have a commission of 10 per cent, on all sales of real estate in Arkansas County or the Southern District of Prairie County, which might be made by Carpenter & Farmer, in which Hammer brought them the purchaser, or was instrumental in…

2Cases cited2 opinions

  1. Koch v. KimberlingSupreme Court of Arkansas · 1892
  2. Neal v. BrandonSupreme Court of Arkansas · 1905

3Cited by13 opinions

  1. Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
  2. Jacks v. ReevesSupreme Court of Arkansas · 1906
  3. St. Louis, Iron Mountain & Southern Railway Co. v. BoylesSupreme Court of Arkansas · 1906
  4. Keller v. SawyerSupreme Court of Arkansas · 1912
  5. Greenville Stone & Gravel Co. v. ChaneySupreme Court of Arkansas · 1917

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