71 Iowa 327 | Iowa | 1887
On the seventh of June the Stuarts wrote the following answer'to this letter: “Dear Sir: We have your favor of second inst., in relation to our lands in your county. We have been getting $5 per acre for small lots; to close out all left, would sell at $4 cash.”
The person referred to by Garlock in his letter was F. M. Gilbert. After Garlock received Stuarts’ letter, Gilbert made an inspection of the lands, and on the twenty-fifth of J une he and Garlock entered into a written contract for the
On the twenty-second of June the Stuarts entered into a negotiation with defendant Kinsley for the sale of the land to him, and gave him an option to buy it at $3.25 per acre, which was to terminate on the twenty-eighth of that month. They received Garlock’s telegram on the twenty-seventh, and immediately sent the following answer: “Partyhere has refusal for all till Tuesday; will advise then.” On the twenty-eighth Kinsley appeared, and offered to take the land at $3.25 per acre, and they entered into a written contract with him by which they agreed to sell and convey it at that price. Kinsley was acting in the matter for defendant Baxter, and the land was subsequently conveyed to him in pursuance of the contract. Kinsley was informed before the contract was entered into that Stuarts had an offer of four dollars per acre for the land in Iowa, but neither he nor they knew at that time that the contract had been entered into by Garlock and Gilbert; but the suit was instituted before any but a small
The relief demanded by plaintiff is that the parties in whom the title is now vested be required to convey the property to him. This relief is demanded on the ground (1) that the written contract executed by Garlock was binding on the Stuarts, and, as the other defendants had notice of that contract when they paid the purchase money for the property, and received the conveyance, they took it charged with the equities created by the contract; and (2) if the contract was not binding on the Stuarts, their letter of the seventh of June was a distinct offer to sell the land at four dollars per acre, which was accepted by Gilbert, and of which acceptance they were notified by Garlock’s letter of the 25th, and that the two letters constitute a contract for the sale of the land at that price, which was binding from the time Garlock’s letter was deposited in the mail.
In our opinion, neither of these positions can be sustained. Before plaintiff can recover on the'first ground, he is required to establish that Garlock had authority from the Stuarts to execute the contract in their name, and this he has not done. Garlock had never acted for them in any transaction before the one in question, and there is no claim that he had authority to bind them by the contract, unless such authority was conferred by their letter of the seventh of June. That letter was written in answer to his communication asking for information as to the price at which they were willing to sell their land. True, he stated in his letter that he would
But, if it should be conceded that Garlock was empowered to contract for the sale of the land, there would still be an insurmountable difficulty in plaintiff’s case. If. he is entitled to recover at all, his recovery must be based upon the contract executed by Garlock, and he must show that the agent had authority to bind the principal by that particular agreement. The answer of the defendants is but a general denial, it is true, but it puts in issue the allegation that the contract sued on is the contract of the Stuarts. They were not required to plead specially that the agent had exceeded his authority in making the contract, but that question arises upon their denial that the contract was their agreement. If the letter of the seventh of June can be construed as conferring authority on Garlock to contract for the sale of the land, such authority is limited by the terms of the letter in two particulars, viz: The sale must be of allot' the lands owned by the Stuarts in Pocahontas county; and it must be for four dollars per acre cash. By no possible construction can it be
The judgment of the district court will be
Affirmed.