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Harper v. Adametz

Connecticut Supreme Court of Errors
142 Conn. 218, 113 A.2d 136 (1955)


Facts

William Tesar owned an 80-acre farm, 17 of which housed the farm’s buildings and other structures. Tesar was incompetent, and Joseph Tesar, William’s son and the conservator of William’s estate, hired Jere Adametz (Jere) to sell the farm. Harper (plaintiff) was interested in buying the farm. Jere told Joseph that he was offered $6,500 for the entire farm. This offer, however, did not actually occur. Subsequently, Harper offered Jere $7,000 for the entire farm. Jere did not convey this offer to Joseph. Rather, Jere told Harper that his offer had been rejected. At the same time, Jere sent $500 of his own money to Joseph as a down payment on the original $6,500 “offer.” Harper then offered $6,000 for the 17 acres of the farm that contained buildings. Jere accepted the offer. At this point, Jere told the Joseph that Harper only wanted to buy 17 acres, but that Jere himself wished to buy the other 63 acres for his son, Walter Adametz (Walter) (defendant). Joseph agreed, still not knowing of Harper’s original offer. In effect, Jere obtained 63 acres for his son at a price of $500, and also obtained a sales commission of $325 from the Tesars. Harper sued Walter for fraud. The trial court found that Harper did not suffer any injury, because Jere was Tesar’s agent, not Harper’s. Harper appealed.

Rule of Law

Issue

Holding and Reasoning (Baldwin, J.)

Dissent (O’Sullivan, J.)

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