Monson v. Kill

Citations

• 144 Ill. 248

Syllabus

<p>1. Agent’s authority—must be strictly pursued. The owner of land gave a real estate broker written authority to sell the same within six months for $13,000, one-half to paid be in cash, and the balance in' one, two and three years with six per cent interest, payable annually, secured by notes and mortgage on the property. The agent made a contract of sale which recited that the purchaser had paid $500 purchase money to be applied on the purchase when consummated, and had agreed to pay within ninety days after the title had been examined and found good, the further sum of $5500, and to pay the balance in three equal installments of $3000, due separately on or before one, two and three years after the date of the contract, and stipulating that the notes should provide that payments might be made on or before the time named in the notes, with six per cent interest, etc. Held, that the authority to sell for one-half cash in hand was in no sense complied with by a sale on ninety days’’ time, and that the authority to sell and make the balance over and above the cash payment payable in one, two and three years, did not authorize the making of a contract that such payments might be made on or before such times, at the option of the purchaser.</p> <p>3. A written authority to an agent to sell land of his principal within six months for a fixed net price, one-half to be paid in cash and the balance in one, two and three years, with six per cent interest, payable annually, secured by notes and mortgage on the property, is not complied with by a sale on ninety days’ time. In such case the authority to sell is special and limited, and the purchaser will be required to know that the authority must be strictly pursued.</p> <p>3. Cloud on title — contract for sale of land — by an agent — in excess of Ids authority. The record of a contract for the sale of land made by an agent not in pursuance of his authority, or in excess thereof, being such as to interfere with the sale by t