Guadalupe County Board of Education v. O'Bannon

Citations

• 26 N.M. 606
• 195 P. 801

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. A complaint in specific performance, based upon a contract of A. to convey property to B. when he acquired the legal title, and the ratification thereof by C., is insufficient, where it does! not allege the relation of principal and agent, express or implied, between B. and C., and the vesting of the legal title in B. P. 609</p> <p>2. “Ratification” means giving validity to the act of another, and in legal phraseology usually means to approve or affirm by a principal what has been done by an agent or one assuming to act for another. P. 610</p> <p>3.“Specific performance” is the actual accomplishment of a contract by a party bound to fulfill it, and is a means of compelling- a party to do precisely what he ought to have done without being coerced by a court. P. 610</p>