Silver

This is an action to set aside a sale of certain real property upon the ground that the defendants, while pretending to act as agents of the plaintiffs in the sale thereof to a third person, in fact purchased the same themselves without disclosing the real facts to their principals. The defendant Maude B. Logue was the stepmother of the plaintiff Edith J. Silver and "for some years considerable intimacy had existed between the two families. The two defendants, as partners, were engaged in the business of real estate brokers. At the same time, the defendant J. J. Logue was vice-president of, and employed as a bookkeeper by, a corporation known as “United Fashion Stores, Inc.,” in which corporation Maude B. Logue was a stockholder.

In July, 1925, Mrs. Silver was the owner of a house and lot in Pacific Grove, California. At her request the defendants undertook to try to find a purchaser for this property, with the understanding that they were to be paid a commission if they succeeded. A little later the defendants reported to the plaintiffs that they were unable to find a purchaser for the property for cash, but that they had found a purchaser who would give them $2,500 worth of…