Hall v. Wallace

Citations

• 88 Cal. 434
• 26 P. 360
• 1891 Cal. LEXIS 709

Syllabus

<p>Vendor and Purchaser — Statute of Frauds — Parol Contract of Sale — Authority of Agent. — A verbal contract for the sale of real property, or for an interest therein, is invalid; and if made by the agent of the party sought to be charged, is invalid, unless the agent’s authority is in writing, subscribed by the party sought to be charged.</p> <p>Id. — Void Contract with Agent—Tenancy at Will — Unlawful Detainer — Termination of Tenancy-—Notice.—The entry and holding of an intending purchaser under a void verbal contract for the sale of the premises, with an agent of the vendor, who had no written authority to make the contract, constitutes the possessor a tenant at will of the owner of the land, who may maintain against him an action for unlawfnl detainer, after notice of thirty days to terminate the tenancy, and a subsequent three days’ notice to quit.</p>