McLeod v. Morrison & Eshelman

Citations

• 66 Wash. 683
• 120 P. 528
• 1912 Wash. LEXIS 831

Syllabus

<p>Frauds, Statute of — Sale of Land — By Agent. Verbal authority to find a purchaser for land does not authorize the agent to execute a binding contract of sale.</p> <p>Vendor and Purchaser — Contract—By Agent — Ratification— Brokers. A broker’s contract to sell real estate, he only having authority to find a purchaser, is ratified where, with full knowledge of the contract and all the material facts, nothing was done to disavow the sale or question the broker’s authority to make it, and letters were written promising a deed as soon as it could be secured.</p> <p>.Same — Broker’s Contract Under Seal — Ratification. The fact that an unauthorized broker’s contract to sell real estate was executed under seal, does not prevent an implied ratification of the contract from silence and acquiescence therein, especially in view of Rem. & Bal. Code, § 8751, abolishing the use of private seals in contracts and deeds.</p> <p>Principal and Agent — Contracts of Agent — Ratification—Consideration. No new consideration is necessary for the ratification of the unauthorized contract of an agent, the consideration of the original contract being sufficient.</p> <p>Specific Performance — Tender—Waiver. In seeking specific performance, a tender of the last deferred payment on a land contract is excused by the positive statement that it would be useless.</p> <p>Specific Performance — Actions—Laches. There is no laches which will be a defense to specific performance where the vendee did all that he could to secure a deed, and the delay was at the solicitation of the vendor.</p>