93. Agent to purchase.

93.     Agent to purchase.

Where an agent who is employed to buy property on his principal's behalf sells his own to the principal, and thereby makes a profit, the principal, in lieu of rescinding the sale, may affirm it1. If rescission is no longer possible, the contract remains in existence2. In either case he may then recover from the agent the full amount of the profit received by the latter, together with interest3.

Where the agent is employed to buy a particular property4 in which he in fact had an interest