Krewson v. Fisher

Citations

• 78 Pa. Super. 509
• 1922 Pa. Super. LEXIS 149

Syllabus

<p>Agents — Beal estate agents — Oral authority to sell property— Commissions — Failure of principal to ratify .sale — Judgment against agent — Failure to deliver — Liability of principal for amount of judgment — Agent’s responsibility for his own tort.</p> <p>A real estate agent, who, having only oral authority to sell real estate, executed articles of agreement for the sale thereof; cannot recover from the owner who refused to convey the property the amount of a judgment against the agent in an action by the vendee for failure to convey.</p> <p>The effect of the oral authority was limited by the Statute of Frauds (21st of March, 1772, 1 Sm. L. 889) to procuring a prbspeetive purchaser, leaving it to the owner to sign the agreement of sale. The agent’s false representation that his authority was otherwise was a tort for which he alone was responsible.</p>