Everman v. Herndon

Citations

• 71 Miss. 823

Syllabus

<p>1. Agency. Real estate broker. Authority.</p> <p>The agency of a real estate broker extends only to bringing seller and buyer together. In the absence of express authority, he is not empowered to sell his customer's land, or to bind him by a contract for a sale.</p> <p>% Same. Dealings with, agent. Extent of authority.</p> <p>One dealing with an agent expressly appointed to do a particular act must inform himself of the extent of authority conferred and see that the act done is within it. Brown Y. Johnson, 12 Smed. & M., 398.</p> <p>3. Contract. Proposition. Acceptance. Assent. Identity.</p> <p>Where, after some correspondence, a real estate broker writes his customer that he can sell his land (800 acres) for four thousand dollars, one-half cash, balance in one and two years, at eight per cent, interest, to which the customer telegraphs, ‘‘ accept four thousand dollar proposition,” the broker is not authorized to make a binding contract to sell for cash.</p> <p>4. Same. Agency. Scope of authority. Case.</p> <p>A contract by a real estate agent to sell land for a designated amount, a part of which is accepted at the time, is a contract to sell for cash, and is not binding on the owner, who has only authorized the agent to sell for the amount, payable in one and two years, with eight per cent, interest.</p> <p>•5. Same. Specific performance. Offer in alternative.</p> <p>In such case the purchaser cannot have specific performance by offering to pay the price in cash, or to pay half cash and execute notes for the balance, with interest, for that would be to make a contract by construction different from that agreed upon by the agent.</p>