F. & J. were agents for H. for the sale of real estate. H. had sold certain lands to G. F. acting as agent for G.' sold his lots to plaintiff, who paid down $200. The contract provided that it was made subject to the owner's acceptance. An incumbrance upon the title was discovered, and a demand for its removal was refused. The contract was then presented to G. for approval, and upon his refusal to approve, a demand was made for the return of the down payment, which was also refused. Plaintiff alleged that H. was the owner of the lot, and that F. in making the sale and receiving the money acted for H. Held, That the fact that F. was the agent of H. for the sale of the lots, is not evidence that he was acting other than as agent for G. in negotiating the sale to plaintiff, since F. had no connection with J., each maintaining separate relations with H.; that the payment to F. was not a payment to either H. or

J., neither of whom had any connection with the sale to plaintiff, and there can be no recovery except from F. or his principal G. Jones v. Jones (Wash. Sup. '09), 104 P. 786