S. G. Holland Stave Co. v. Massey

The only theory upon which plaintiffs could recover on the common count for money had and received by defendant to their use is that defendant, Massey, was the agent of plaintiff, standing to them in such a relation of trust and confidence in procuring á sale of their land as to impose upon him the duty of informing them as to the terms of the salé he arranged with the Marshall Tie Company, and of the profit he was to make, and forbidding him to secretly make and receive any profit for himself. In support of this theory it is suggested that defendant was a sub-agent of plaintiff’s chief…