Artz v. McCarthy

Citations

• 109 Kan. 355
• 199 P. 99
• 1921 Kan. LEXIS 141

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Specific Performance — Sale of Land — ■Authority of Agent to Make Binding Contract. The correspondence and documents attached to the pleadings in an action for specific performance of a contract to sell real estate examined, and held, that the terms upon which the land was sold were not authorized by the owner, and were not binding upon him.</p> <p>2. Same — Sale of Land — Statute of Frauds. A real-estate dealer with whom a landowner has listed realty for sale has no authority to enter into a written contract obligating his principal to sell and convey the property unless such authority is conferred upon the agent in writing as prescribed by the statute of frauds, sections 4888 and 4889 of the General Statutes of 1915.</p> <p>3. Same — Failure to Establish Contract — Action for Damages Likewise Fails. When a cause of action for the specific performance of an alleged contract for the sale of real estate fails because there was in fact no such contract, an alternative cause of action for damages for breach of the contract is likewise bound to fail.</p> <p>4. Same — Offer to Sell Land — Delay in Acceptance of Offer. An offer to sell a tract of land for $550 cash, “for immediate acceptance only” does not bind the owner when an acceptance is not made until two months and fifteen days thereafter.</p>