Hermann

(after stating the facts as above). The. plaintiff bases his right to the relief prayed for in his complaint upon the rule, laid down by the text-writers and adhered to in many authoritative decisions, that if an agent in the sale of property of his principal purchases it himself, or any interest therein, either directly or through the instrumentality of a third person, without the knowledge 'or consent of the principal, the sale is voidable, and may be set aside at the option of the principal; that in a transaction of that nature the amount of the consideration, the absence of undue advantage, and similar considerations, are wholly immaterial; and that nothing will defeat the principal’s right to avoid the transaction, save and except his own confirmation after full knowledge of all the facts. Mechem on Agency, §§ 455, 461; Michoud v. Girod, 4 How. 503 , 11 L. Ed. 1076 ; Gardner v. Ogden, 22 N. Y. 327 , 78 Am. Dec. 192 ; Grumley v. Webb, 44 Mo. 444 , 100 Am. Dec. 304 ; Mills v. Goodsell, 5 Conn. 475 , 13 Am. Dec. 90 ; Bain v. Brown, 56 N. Y. 288 .

But that rule has no application to the facts of this case. The uncontradicted testimony showed that Dora Hermann authorized the…