24 S.E. 261 | Va. | 1896
delivered the opinion of the court.
It is only necessary to consider a single question in this case as upon its determination all others, as well as the merits of the controversy itself, depend : Did the county court err in refusing to admit as evidence before the jury on the trial of the case an alleged contract of sale of the land in controversy from Hatcher’s heirs to Isabella Chapman, through whom the plaintiff in error claims ? The contract referred to was not signed by the Hatcher heirs for themselves, but was signed for them by J. Thompson Brown & Co., real-estate agents,
Under the authority claimed by J. Thompson Brown & Co., even if given, they would only be special, not general, agents; and any one dealing with such an agent must inquire and look to his instructions and authority. If the agent has exceeded his authority, he who dealt with him has done so at his peril. Halsey v. Monteiro, supra. There was no pretense of a ratification of the alleged contract of sale, but it was repudiated by Miss Hatcher the day after it was signed, and as soon as she heard of it. The determination of its inadmissibility as evidence is fatal to the pretensions of the plaintiff in error, and renders unnecessary the consideration of the other questions raised. The judgment of the circuit court of Chesterfield county must therefore be affirmed.