38 Minn. 106 | Minn. | 1888
Action for specific performance of an agreement for the sale of land, made with defendant through one Lynch, his agent.
1. I't was proper to prove the nature and extent of Lynch’s authority in the premises. The agency is denied in the answer, and it was necessary for plaintiffs to show the relations of the parties, and produce evidence of his authority, and it would be for the court to determine its sufficiency. The defendant claims that the contract, as made, departed in certain essential particulars from the terms of sale as authorized by him. . On the other hand, the plaintiffs contend that the contract was fully ratified by defendant subsequent to its execution.
2. The contract, as authorized, fixed the price at $10,000, payable in one, two, and three years, while in the contract, as made, the deferred instalments of the purchase-money were severally made payable “on or before” those dates. It was by its terms to be completed in 20 days after the abstract was delivered, and was dated October 30, 1886. The agent, Lynch, who lived in St. Paul, where the property is situated, immediately notified the defendant, who resided in Kansas, by mail, of the sale, and that the purchasers were to have 20 days after delivery of the abstract to complete the purchase. The defendant replied, declining to be at the expense of furnishing abstract, but making no other objections. The agent thereupon procured the abstract, and, November 3d, notified him of the fact, and that if title was perfect, a deed would be forwarded to him for execution; and on the 17th of November he sent the deed, with the notes and mortgage, to the defendant, prepared for execution'in pursuance of the contract, for his inspection. The defendant acknowledged the receipt of these papers, and promised to return them as soon as his attorney had examined them, but made no objection to the form or terms thereof. He, however, notified his agent that he would pay no special assessments. The evidence is sufficient to show that the contract was ratified by the defendant, and thereupon became binding on him. There was subsequent correspondence between Lynch and the defendant in respect to certain apparent defects in the title, which were found to be insubstantial or easily supplied; and,
Order affirmed.