Restitution – Fraud – Prospective Vendee’s Rights Against Broker
Defendant was retained as a real estate agent by the vendor. He listed the vendor’s eighty acres and buildings for sale. Plaintiff, a prospective purchaser, offered $7,000 for the property. Defendant failed to transmit this offer to the vendor and, instead, fraudulently caused the vendor to convey to two strawmen, as purported purchasers, for $6,500. After the defendant had falsely told the plaintiff that the latter’s offer for the whole tract had been rejected, plaintiff purchased seventeen acres, including the buildings, for $6,000, an admittedly fair price. The strawmen conveyed the remaining sixty-three acres to the defendant’s son, defendant giving the vendor plaintiff’s $6,000 and $500 of his own money. Plaintiff brought suit asking damages or conveyance to him of the remaining sixty-three acres. The lower court dismissed. On appeal, held, reversed, one judge dissenting. On paying into court the additional $1,000 of his offer, plaintiff is entitled to a conveyance of the sixty-three acres. Harper v. Adametz, (Conn. 1955) 113 A. (2d) 136.