73 Iowa 652 | Iowa | 1887
.The plaintiff resides in Pennsylvania, and the defendants in Iowa. The latter are real estate brokers, and wrote to a person in Falls City, in the former state, who
The amount in controversy being less than $100, we are asked to determine whether the foregoing correspondence, on the face thereof, contains any authority to sell the lands which would bind the plaintiff, providing the sale was made on the terms therein mentioned. We think it does not. It amounts simply to an offer, with directions to apply to the person therein named. There is no authorty given the defendants to sell the lands at the prices and on the terms named. If such authority was conferred, it was a continuing one until revoked, and this we do not believe was contemplated. At most, the offer to the defendants was; “ You may sell the lands on the terms named, subject to my approval.” The latter must be so understood, because no authority to sell was given. It is due to the plaintiff to state that she claims to have sold the lands through another broker Before-she...was-, notified of the sale made by the defendants.
Aeeirmed.