Beekman v. Sonntag Investment Co.

Citations

• 67 Fla. 293
• 64 So. 948

Syllabus

<p>Specific Performance — Principal and Agent — Parol .Authority Is Sufficient for Agent to Execute Contract for Sale of Land — Public May Rely on Agents' Apparent Authority.</p> <p>1. If the vendor of land is in a situation to obtain title, is in such a situation that it is only necessary, for instance, for bim to pay the sum of five hundred dollars to the executor of an estate who holds the legal title and who is bound by the terms of his testator’s will to convey the same upon such payment by the vendor, or to do like acts clearly within his power and thus acquire title, a court of equity will retain the bill, will require him to perform such acts, and will decree specific performance.</p> <p>2. The acts of an agent, performed within the scope of his real or apparent authority, are binding upon his principal. The public have a right to rely upon an agent’s apparent authority, and are not bound to enquire as to his special powers, unless the circumstances are such as to put them upon enquiry.</p> <p>3. Parol authority is sufficient to authorize an agent to execute a contract for his principal for the sale of real estate.</p>