Edelstein v. Sell

Citations

• 269 Pa. 288
• 112 A. 435
• 1921 Pa. LEXIS 549

Syllabus

<p>Contract — Sale of real estate — Principal and agent — Ratification ■ — Fraud—Specific performance.</p> <p>1. An agreement for the sale of real estate signed only hy an agent, but thereafter consented to in writing by the owner, will not be specifically enforced against the latter, if the consent was obtained by fraud.</p> <p>2. Ratification of a contract, the consent to which was obtained by fraud, can be shown only by acts of affirmance after the fraud becomes known.</p> <p>3. Acts which can be valid only if the party repudiates the contract, will be held to exclude a claim that it has been ratified, even though nothing has been specifically said on the subject.</p>