154 Wis. 13 | Wis. | 1913
Tbe appellant concedes that the authority conferred on Kendall to collect rents and look after the property generally did not confer any power to make a sale of it, and that such power, if it existed, was conferred by the letter of October 10, 1905, and letters written thereafter. The appellant further concedes that no authority was conferred on' Kendall to dispose of the interest of Mrs. Long's daughter, and that therefore specific performance cannot be enforced at least against her. However, the contention is made that Mrs. Long authorized.Kendall to make the contract of sale which he did make, and that whether this be true or not she subsequently ratified the contract; that the action for specific performance was brought in good faith, and that all the facts in reference to the transaction are before the court; and that, the specific relief prayed for being impracticable, the court should award a judgment for money damages to the' plaintiff and against Mrs. Long.
There is practically no dispute in the evidence, and the first important inquiry is: Was the trial court warranted in drawing the inferences which it did from the testimony? An affirmative answer to this question disposes of the case.
Mrs. Long’s letter of October 10th was written in reply to a letter which she received from Mr. Kendall. His letter
This leaves for consideration the question of ratification and also the question of a subsequent offer and an acceptance thereof.
We do not think there is any evidence to show a ratification of the contract made by Kendall. Mrs. Long’s letter of December 31st was written before she knew the contract of sale was made. It was hardly an unqualified offer to sell. It said: “We have been trying to come to some decision about selling the place. . . . My daughter thinks we ought to get $3,500, but I think we might take say $3,400. If he would pay you the commissions and leave me the rent until May.” The last two sentences quoted were evidently intended for one. If the letter is an offer to sell, it is an offer to sell for $3,400, the purchaser to pay commissions and to allow Mrs. Long the rents to May 1st. It is a different proposition from that first made and one which Mrs. Long had the right to make if there had been no legal acceptance of the first offer.
The letter of January 14th was written after Mrs. Long had been advised of the making of the contract. She explains her letter of October 10th by saying that when she said she would take $3,500 she meant this sum above all expenses. She then says if they will “send” a check for this amount and give her the rent to May 1st, she will convey. This was clearly a modification of the offer of October 10th, but one made at a time when she had the right to change her offer. It was not a ratification of the contract made by Kendall, be
By the Court. — Judgment affirmed.