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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (Feb. 1, 1960)
o 4. MAIL TRIBUNE, Medford, Or. Monday, Ftb. 1, 1960 ,5 What Is The This column is prepared as a public service by the College of Law, Willamette University. Salem, to ex plain basic legal principles, not to provide legal advice. The reader is cautioned not to apply these cases to his own problems without an attorney's advice, for dif fering facts may change the outcome. r.riT USED The Pacific Department Store is anxious to acquire land owned by Mr. Thomas tn huild a new store, suspect- ins that Thomas would ask an exhorbitant price if he finds mit who wants the land, the company hires an agent. The agent, Mr. Andrews, is to nnrrhasp the land without dis closing that he is working for hk pnmnanv. After the sale agreement is made, Thomas discovers that Andrews was acting lor me romDanv: Thomas then wants out but the company holds him to the contract. Tn ppneral. one who makes a contract with an agent of undisclosed nrmciDal (tne fa cif ic Department Store in this a is liable to the principal rvn the contract. If. however, Andrews claimed during the negotiations that he was not acting for any principal, Thomas could rescind the contract. Nn Instance In the Pacific Department store case there is no instance that Andrews actually said that h w9 Acting on his own account. It might be argued, of course, that the mere non disclosure of his agency by Andrews was misrepresent tion bv inference, and Thomas could therefore rescind the contract. On the other hand, if the company merely fears that Thomas might not deal with him but there is no previous relationship between the com pany and Thomas which makes such fear reasonable, the failure of Andrews to dis close his agency would not entitle Thomas to rescind. The objective of having an agent act in this case was to get the land for a lower price than would have been possible had the company gone to try to purchase the land. This type of dealing is an accept ed method in this country and an established rule of the bar gaining game. In Growth Path Most people who sell prop erty within the growth path of a city must surely realize that sooner or later the land will be in demand for com mercial purposes and it would be against the custom of bus iness transactions to hold that h mere nondisclosure of the fact that the company was the real purchaser is to be con strued as fraud. Eut even though there might have been misrepresen , Andrews when deal- ing with Thomas which would enable Thomas to rescind, still Thomas could hold the company to the contract and make them pay the amount agreed upon. Court Records DISTMCT COURT Lonnie A. Dickens, racing. $55. Alfred W. Williams, no opera tors license. $10. ...i.:i. Vern C. Dawty, operating while i. 1 1 license suii". Gerald R. Barry, no operator nSeli o.- Sherill. no oparator'a liCChSar'les10'N. tangan. failure to transfer title. $10. cmcurr COURT Nadine Loween Nelson vs. Virgil Nelson, divorce decree. Pauline Hatfield vs. Glenn Rich ard Hatfield, divorce jcomplaint. Luia E. Medina vs. Laurent T. Medina, divorce complaint Lillian Dutton vs. Gay William Button, divorce decree. T Lillian Knight vs. Richard J. Knight, divorce decree. MARRIAGE LICENSE AvrnondIEarl Bailey. 180 Nut lev St.. Ashland. nd Glenaa Alice Poling. 144 Oak Grove rd.. Med- fGortfe Robert Jones. Cotton vood. Calif., and Nadine Elizabeth Carpenter. Redoing, v-ani. William J.t Bowers. 4886 South Pacific highway, and Audrey Eliza beth Keen St. Arnold, no address George Albert Zuspann Jr.. Rose burg and Gwendolyn Ortego Lud wig? 3? Cheatnut St.. Medford. 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