Kozel v. Dearlove

Citations

• 144 Ill. 23
• 32 N.E. 542

Syllabus

<p>1. Statute of Frauds — authority of agent to sell land —varying its terms. If an agent, having written authority to sell lands of his principal, sells the same at a less price, or on different terms than he is authorized, he must have a new and further authority, which must also be in writing under the Statute of Frauds. A verbal consent of the principal for him to sell on other terms is invalid under the statute.</p> <p>2. The owner of lots, in writing, authorized his agent to sell the same at certain prices and upon certain terms. The agent made a sale at a less price and on more favorable terms, and communicated that fact to the principal, who assented to the sale and verbally directed the agent to execute the contract, which he did. Reid, that as the agent’s authority to make such a contract was not in writing, the same was void and not enforcible.</p>