Covey v. Kimbrough

By JUDGE ROBERT LEWIS YOUNG

This suit grows out of a purchase by a real estate agent of property listed with him for sale and a prompt resale by him at a greatly enhanced price. On behalf of the defendant the text in 3 Am. Jur. 3d, Agency, Sec. 227, pp. 600, 601, is cited to the effect that "... such a transaction may be upheld if the agent acted in good faith and made a full disclosure to the principal . . . ," adding that the burden rests upon the agent to show this. The text in 12 C.J.S., Brokers, Sec. 42, pp. 102, 103, speaks of cases where the sale is with "... the full knowledge and…