129 P. 829 | Wyo. | 1913
The defendant in error, Annie F. Richardson, brought • this action in the District Court of Albany County against the plaintiff in error, Adelaide J. Weaver, to recover the possession of certain real estate situated at Tie Siding in
For convenience the defendant in error will'be referred to as plaintiff, and the plaintiff in error as defendant. The answer denied the allegations of the petition, and for a second defense alleged in substance that about October 28, 1909, the plaintiff and defendant entered into an agreement by which the plaintiff agreed to sell to defendant said premises for the sum of $500, and that defendant deposited with one Ada Ulen, the agent of both parties, $20, in escrow as part of the purchase price of said premises; that said $20, together with the balance of said purchase price was to be paid to plaintiff when she should execute and deliver to defendant a good and sufficient warranty deed conveying to defendant a clear title to said premises; that defendant should take immediate possession and hold the same until such deed was executed and delivered; that relying on said agreement, and with the consent of plaintiff, the defendant entered into the possession of the premises and has since been in the quiet possession thereof, believing the same to be her property, and with the knowledge and consent' of plaintiff has made valuable and lasting improvements thereon ; and alleged that plaintiff had failed to keep and perform said agreement on her part. The reply admitted that defendant entered into possession of the premises at the time stated in the answer, and denied the other allegations therein contained.
For the trial of the issues of fact thus joined the plaintiff demanded a jury. On the trial it appeared that the agreement, if any, was made between the defendant and Mrs. Nally, the daughter of plaintiff, and her authority to enter into any contract as agent for her mother, as well as what
The motion made in the District Court for an instruction directing the jury to return a verdict for plaintiff was : “The plaintiff moves the court to instruct the jury to return a verdict for the plaintiff upon the ground that no contract for the sale of said property has been shown, and that there has been an absolute failure on the part of the defendant to show any agency authorized by the plaintiff, Mrs. Richard