Schoolcraft
Schoolcraft v. B. O. Kendall Co.
Opinion
Lead Opinion
Houser, J.
Through the agency of the defendant corporation, which was acting in the capacity of broker, de fendant lent a certain sum of money to one Massie, the repayment of which was secured by the assignment by Massie to plaintiff of a leasehold interest in a certain piece of real property, together with a “trust deed” of the improvements thereon. Because of nonpayment by Massie of the rent reserved in the lease, the owner of the real property caused the lease to he canceled. Thereupon an action was brought by plaintiff against defendant for damages which resulted to plaintiff because of the alleged negligence of the defendant in its failure to obey or follow certain specified oral instructions given by plaintiff to the defendant relative to the care which was to be exercised by the defendant in the matter of making the loan for plaintiff. Judgment was rendered in the action in favor of the defendant. No direct finding of fact was made by the trial court as to the alleged negligence of the defendant in failing to follow any . or either of the said special oral instructions given by plaintiff to the defendant, although certain findings of fact were made as to the other issues raised by the…