Holbrook v. McCarthy

Citations

• 61 Cal. 216
• 1882 Cal. LEXIS 583

Syllabus

<p>Agent—Vendor and Vendee—Specific Performance.—Action for specific performance of an agreement to convey real estate made by the defendant’s agent. The agent was authorized to sell for seventy-two thousand one hundred and seventy-five dollars and was to receive two and a half per cent, commission if the sale was made. He sold to the plaintiff for the sum of seventy-two thousand dollars agreeing that the defendant should pay the taxes upon the land for the year 1879-80. The complaint alleged a failure of title as to a portion of the premises and prayed for a corresponding abatement from the original purchase price and for a specific performance. The defendant pleaded among other things that she was wholly unacquainted with business transactions and by mistake authorized a sale for the portion of the land for which she had no title; that the compensation for the alleged contract was inadequate; that the contract itself was unfair, unjust and inequitable; and that the agent in making it did not pursue the authority conferred upon him. Upon the trial findings of fact being waived, the Court found generally for the defendant.</p> <p>Held: The finding covered all the issues and being founded upon conflicting evidence can not be disturbed.</p> <p>Id.—Id.—Besides the documentary evidence of the transaction shows that the agent did not act within the scope of his authority. He was employed to sell for a specific sum, and was not employed to pay taxes upon the land nor to contract for their payment. The agreement to sell for a sum less than that nominated in his authority, and to pay taxes was therefore of no binding force upon his principal.</p>