Sandoval v. Randolph, 222 U.S. 161 (1911)

Sandoval v. Randolph


No. 4


Submitted October 26, 1911
Decided December 4, 1911
222 U.S. 161

APPEAL FROM THE SUPREME COURT
OF THE TERRITORY OF ARIZONA

Syllabus

A principal betrayed by his agent into paying for property an excess over the price for which the agent obtains it may declare in assumpsit without relying upon fraud and deceit in an action for damages.

An agent who makes a secret profit in the execution of his agency may be compelled to disgorge in an action upon implied promise.

Where one agrees to act as agent to purchase property at not exceeding a specified price, he cannot avail of an unexpired option antedating the employment to purchase the property at a less price himself and make the difference.

An agreement to sell at a price paid with right of redemption within a specified period with further agreement not to redeem if an additional sum be paid within that period simply amounts to an option.

11 Ariz. 371 affirmed.

The facts are stated in the opinion.