127 Mo. App. 514 | Mo. Ct. App. | 1907
(after stating the facts).—Appellant’s cablegram of November twenty-seventh was not a notice to Wainwright, that the property had been sold on the terms authorized by him; on the. contrary, it was notice that, a proposition had been made to purchase the property at the price authorized, but on terms materially different from those Wainwright had authorized appellant to sell for, and a request to him to accept the proposition as wired. The terms for which appellant was authorized to sell the property were, $35,000 cash, balance in five years at 4 1-2 per cent interest per annum, purchaser to pay taxes for 1906. The terms of the cablegram were $20,000 cash, $10,000 in two years, $10,000 in three years, $10,000 in four years, and $30,000 in five years; and the fact that on the following Monday a written contract was entered into, on the terms authorized, of which Wainwright had no notice, did not affect his right to revoke appellant’s
The judgment is affirmed.
