Janss Investment Co. v. Walden

HOUSER, J.,

pro

tem.

This is an appeal from a decree in a suit to quiet title. The facts are not in dispute. It appears that the plaintiff, Janss Investment Company, is a subdivider of land into town lots; that from one of its subdivisions it sold a lot to defendant Walden under an installment contract which contained as one of its conditions a paragraph of which the following is a copy:

“No part of said real property shall ever be leased, rented, sold or conveyed to any person who is not of the white or Caucasian race, nor be used ór occupied by any person who is not of the white or the Caucasian race whether grantee hereunder or any other person.”

The contract also provided:

[754]

“This contract is not transferable without the written consent of the party of the first part, and then only upon payment of the usual fee of one dollar. ...”

[773]

which he has parted under it. It makes no difference that the principal was not in fact injured, or that the agent intended no wrong, or that

the other party acted in good faith;

the double agency is a fraud upon the principal and he is not bound.’ (Italics added.) The rule is supported by cases cited by the author, and cases cited by appellant also approve the rule that such a contract is voidable at the option of either principal.

(Becker

v.

Spalinger,

174 Wis. 443 [183 N. W. 173];

Ferguson

v.