Carr
Carr v. Tatum
Opinion
Lead Opinion
Houser, J.
Plaintiffs were the owners of certain real property. Defendants Tatum and LaGasse were agents who represented plaintiffs in the sale of the property to a man named Hess. In order to assist Hess in his plans to improve the property, in consideration for their deed therefor to Hess, instead of receiving cash or its equivalent, at the suggestion and solicitation of defendants Tatum and LaGasse, plaintiffs received from Hess a promissory note secured by a deed of trust of the property, which was made subject to each of two prior mortgages with which Hess had encumbered the property in order to obtain funds with which to make the proposed improvements thereon. Thereafter, on the failure of Hess to pay the indebtedness secured by one of such prior mortgages, as the result of a sale on the execution of a judgment recovered in a suit to foreclose such mortgage, the plaintiffs lost the amount of money represented by the value of the property formerly owned by them and which, as hereinbefore set forth, had been conveyed by them to Hess. Thereupon plaintiffs commenced the instant action against defendants Tatum and LaGasse to recover from them a judgment for the damages suffered by…