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Defendant Stowe came to Ohio to participate in the negotiations for the purchase of the Belmont house as agent for the owner who was in Georgia. He was not a partner in the business but merely an employee and only the owner was authorized to negotiate in his behalf. It was held in Leonetti v. Huntley, supra, page 530, that a broker is one who finds a purchaser, and cannot be held liable for the misrepresentations of his principal.
Defendant James as an employee of defendant Stowe was also acting for his principal. The chief matter with which he was concerned was the marketability of the house for sale. He, in turn, relied upon the representations of defendant Stowe and not upon any statements of the seller. No principal-agent relationship existed. There was, therefore, nothing unlawful or improper in the seller’s representations to him.
Defendant Stowe, in connection with his sale of the Belmont house, was negotiating an agreement with Van Buskirk, the owner of the property. He was also negotiating a deal with Butterworth. This was not illegal as the latter agreement has been shown to have been void ab initio.
Defendant James testified that during the negotiations with Van Buskirk the following conversation took place:
« Q. Did Mr. Van Buskirk make any statements to you that these two properties were going to be sold on the same date? A. No, sir.
« Q. Did you have any discussions with Mr. Van Buskirk as to the possibility of them being sold on the same date? A. No, sir.
« Q. Did Mr. Van Buskirk tell you that the Van Buskirk house was going to be sold on the same date as the Belmont house? A. No, sir.
« Q. Did Mr. Van Buskirk tell you that there was any possibility of that? A. No,
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