92 P. 622 | Wyo. | 1907
This action was commenced by the defendant in error against the plaintiffs in error to recover the possession of
Three questions have been presented and argued in the briefs of counsel: (1) The authority of the agent, Jones, to bind Scott as he attempted to do; (2) the right of Brown to reimbursement for improvements as an occupying claimant; and (3) the right of Mrs. Grady to rent before receiving a deed to the premises.
To prove the authority of the agent, Jones, the defendants below offered in evidence a letter from Scott to Jones dated February 20, 1904,' which is the only evidence of the ah-thority of the agent, and states the terms upon which Scott would sell. The portion of that letter containing the terms and conditions "of sale are as follows: “I will sell and take $400 cash if you cannot do any better, or get more cash and divide into four equal payments on balance. Will contract to the effect that I will make deed to the place as soon as the second note is paid and taxes and ditch stock is kept paid up and none of the ditch stock sold to anyone and all assessments worked out. I would,want 10 per cent on all deferred payments in any case.” The agreement on which Brown relies in this action is as follows:
“Thsrmopolis, Wyoming, March ist, 1904.
“This is to certify that we have this day sold to Marion F. Brown the following real estate, to-wit:” (describing-it) “for the sum of two thousand two hundred ($2,200.00) dollars, and that we have this day received the sum of four hundred ($400.00) dollars as part payment of the'purchase price of said real estate. The balance of eighteen hundred ($1,800.00) dollars to be divided in four (4) equal pay*159 ments due in one (1), two (2), three (3) and four (4) years from this date, with interest at the rate of ten (10) per cent per annum, payable annually from this daté. A contract is to be entered into providing’ that upon the payment of the first annual payment of four hundred ($400.00) dollars and interest that a good and sufficient warranty deed is to be made conveying .said real estate to the said Marion F. Brown, at which time the said Marion' F. Brown is to execute a mortgage covering the said real estate securing the payment of the three (3) deferred payments.
“E. A. Scott and Mary A. Scott,
“By Ira E. Jonrs, their agent.”
It is quite apparent that the terms contained in this instrument are not the terms upon which Jones was authorized to sell. It contains no provision for the payment of taxes, keeping the ditch stock paid up or for keeping the assessments worked out by Brown, and provides for a deed from Scott to Brown when the first instead of the second note is paid — leaving out of consideration the fact that the first annual payment is made by this instrument $400 instead of $450. Upon the face of the instrument Scott was required to deed the land upon the payment of $800 instead of $1,300, as stated in his letter of February 20. Brown was dealing with a special agent with limited authority and he was bound to know the extent of the agent’s authority. This principle is too well settled to require-th'e citation of authorities, but see 1 Enc. Law (2d Ed.), 987.' We think the agent clearly exceeded his authority in executing the instrument above set out; and this attempted sale not having been ratified by Scott, was invalid and he was not bound thereby.
Counsel for defendants in error place some reliance upon the payment of the $400 by Brown to Jones — the court having found “that the defendant Brown paid to the said Ira E. Jones, agent, on said agreement (being defendants’ exhibit 2). the sum of $400.00 at the time of the execution of said contract, on the first day of March, 1904.” But this