96 P. 809 | Cal. | 1908
This is an action by the vendee to enforce specific performance of an alleged contract for the sale of a lot of land in Huntington Park, Los Angeles County. Defendant had judgment and plaintiff appeals from such judgment and an order denying her motion for a new trial. *792
Plaintiff's claim is based on a written instrument executed on January 3, 1905, by one J.S. Hadden, purporting to act as the agent of defendant T.W. Bass, owner of the land, which is as follows: —
"LOS ANGELES, CAL., January 3rd, 1905.
"Received from Belle G. Stemler $50.00 (fifty dollars) as deposit on purchase of property owned by T.W. Bass, (now of Broken Bow, Nebr.) said property located and being lot 13, block 31, Huntington Park, Los Angeles County, Cal. The balance, $800.00 (eight hundred dollars) to be paid on transfer of the said property, clear of all encumbrances, except mortgage of $1200.00, now held by one Katherine Kramer, which the said purchaser, Mrs. Belle G. Stemler, agrees to assume.
"The amounts above specified, namely $800.00 and the $50.00 deposit, constituting $850.00 the entire equity of T.W. Bass, as per instruction of letter addressed to J.S. Hadden, dated December 28th, 1904, the said terms and amount being accepted by the purchaser.
"Signed by agent of T.W. Bass, "J.S. HADDEN."
The trial court found that Bass never conferred authority on Hadden to execute any contract of sale of the land, that the only authority conferred on him was to find a purchaser for the same, that Hadden had no authority to sell the same except for cash, payable immediately in bank to the credit of Bass, and that Bass withdrew the authority conferred before Hadden had made any sale in accordance therewith. The principal question on this appeal is as to the sufficiency of the evidence to sustain these findings.
Unless the agreement made by Hadden with plaintiff was authorized in writing by Bass, it was, of course, not binding upon him (Civ. Code, sec.
Upon these facts the trial court was amply warranted in concluding that Hadden was not authorized to make the contract of January 3, 1905, or any contract of sale on behalf of Bass, and that his only authority in the matter, in addition to finding a purchaser, was to consummate a purchase by paying in cash to the bank selected by Bass as his agent the amount of money required by the instructions to such bank, and thereupon accepting the deed awaiting delivery upon compliance with such instructions. Until such consummation, in the absence of ratification or estoppel, Bass could be in no degree bound by any act of Hadden. The ordinary *795
authority of a real estate agent deputed to sell real estate is simply to find a purchaser, and he has no power to bind his principal by a contract of sale unless it appears that it was intended to confer such additional authority. (Duffy v. Hobson,
There was no ratification of the agreement by Bass. It does not appear that he knew that Hadden had executed any agreement for sale in writing either on his own account or as the agent of Bass, until he had by telegraph refused the offer and communicated the fact of refusal to both Hadden and the bank. (See Lambert v. Gerner,
Our conclusion on the matters already discussed renders it unnecessary to consider any other point made.
The judgment and order are affirmed.
Shaw, J., and Sloss, J., concurred.