Sterling

Sterling v. Smith

Good Law
1893 Cal. LEXIS 544·97 Cal. 343·32 P. 320
Supreme Court of CaliforniaFebruary 17, 1893No. 14911California1,294 words

Opinion

Lead Opinion

McFarland, J.

In her complaint, the plaintiff averred that, during a certain period, defendant was her confidential agent in purchasing and selling real estate and 'in transacting other business for her; that as such agent and for such business he received from her, during said period, the sum of $11,920, or thereabouts; that during said period he j>aid out and expended for her the sum of $6,225, or thereabouts, leaving a balance of $5,695, with interest, due her from him; and for this last sum she prays judgment. The defendant answered,. admitting the agency as alleged in the complaint, but denied that he had received of plaintiff's money more than $9,920.70. The court found that defendant had *345 received of plaintiff’s money only the said amount of $9,920.70. But the defendant averred that, in addition to the said sum of $6,225 paid out by him for plaintiff, as averred in the complaint, he also paid out for her the further sura of $3,600. He averred that this latter sum of $3,600 had been paid out by him for her in purchasing certain interests in what is called generally the Kansas Street Syndicate, which afterwards became a corporation, and was engaged in the purchase and sales of land,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.