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.
Grazing Charges
To Be Unchanged
Washington - d'PD - The In
terior Department said Satur
day the grazing fee charges
for use of the federal range
would remain unchanged dur
ing 1960.
This is 22 cents per animal
unit a month. A steer or cow
is counted aa one animal unit,
a hOtte aa two units. Five
sheep make One unit.
There are more than 18,000
stockmen who graze nearly
eight million head of livestock
on about 161 million acres in
the federal rangeland states
of Montana, Idaho. Wyoming,
Colorado, New Mexico, Ari
zona, Utah, Nevada, Oregon
and California.
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