Armstrong v. Oakley

Citations

• 23 Wash. 122
• 62 P. 499
• 1900 Wash. LEXIS 351

Syllabus

<p>SPECIFIC PERFORMANCE-COMMUNITY PROPERTY — WIFE NECESSARY PARTY.</p> <p>In an action to compel the specific performance of a contract for the conveyance of land, which is presumptively community property, and nothing is shown to overcome that presumption, the wife is a necessary party defendant.</p> <p>SAME-CONTRACT FOR SALE OF LAND — AGENT’S AUTHORITY.</p> <p>Under an authority given an agent to sell real estate, there is. no power conferred on him to enter into a contract for a conveyance; and, under such circumstances, his contract for the sale of the land cannot he specifically enforced against his principal.</p> <p>PRINCIPAL AND AGENT-AUTHORITY OF AGENT-RATIFICATION.</p> <p>A letter by a land owner to a real estate broker agreeing to sell certain lots for $1,500, written and mailed after the broker had sold the lots for $2,100, without knowledge of that fact by his principal, does not amount to a ratification of the sale, since there was lacking the necessary element of a full understanding of the situation on the part of the principal.</p>