Bates v. United Construction Co.

The action upon which the appeal herein was founded contained three counts, the first being for money had and received and each of the two others for rescission of the contract. Briefly, but in substance, the findings of the court show the following basic facts: That all the defendants represented to plaintiff that if she would sign a certain building contract to be entered into between her and United Construction Company and turn over to defendants her equity of $8,500 in a conditional sales contract covering property theretofore owned by plaintiff, the defendants would finance, or cause to be financed, and construct the building referred to in the building contract which they wished plaintiff to sign; that plaintiff relied upon such representations, signed the said contract and turned over to defendants as first payment thereon the conditional sales contracts upon which was then due to plaintiff the sum of $8,500; that defendants Magoon and Salomon represented to plaintiff that each of them was acting as plaintiff’s agent and that no commission would be charged for services rendered in that behalf, but that each of the defendants received the conditional sales contract as a…