Lithograph Building Co. v. Watt

Citations

• 96 Ohio St. (N.S.) 74

Syllabus

<p>Authority for execution of lease of realty — Acknowledgment and recording of power of attorney — Requirements of Sections 8513 and 8536, General Code — Execution of lease by agent invalid, when — Ratification by principal of unauthorized act of agent — Effect of possession under defective lease.</p> <p>1. Under the provisions of Section 8512, General Code, a power of attorney to authorize the execution of a lease of any estate or interest in real property for a period of five years is required to be acknowledged by the principal, and under the provisions of Section 8536, General Code, it is required to be recorded.</p> <p>2. The validity of such lease, as between the parties thereto, is not affected by the fact that such power of attorney was not recorded, but the want of acknowledgment thereof renders a lease executed by the agent invalid for want of authority to execute it.</p> <p>3. A lease, defectively executed, will in equity be treated as a • contract to make a lease, but if executed by one acting as agent not actually authorized by the owner to enter into such contract, the instrument is ineffective as a contract to make a lease and not enforceable against the owner.</p> <p>4. Generally, a ratification by the principal of the act of an agent not authorized in the manner and form required by statute must be by action of the character required to confer authority originally, and, if an agent be not authorized in the manner and form required by statute to execute a lease for real property, knowledge of his principal that the tenant is in possession and paying rent is not in and of itself sufficient to work either a ratification or estoppel.</p> <p>5. The knowledge of the agent that he has overstepped the bounds of his authority cannot be imputed to the principal, and no ratification results from the acceptance of rents where a principal had no knowledge at the time that the agent had exceeded his authority in making the lease.</p> <p>6. Possession taken and r