North End Workers Supply Cooperative Ass'n v. Sablich

Citations

• 116 Wash. 111
• 198 P. 738
• 1921 Wash. LEXIS 805

Syllabus

<p>Wills (11)—Distinguished From Other Dispositions of Property. A written instrument reciting that it is “Last writing or testament. Leaving all my estate, Rudolph Sablich, these two lots located .... to J. Zatkovich, and he out of that must pay,” (certain named beneficiaries), shows an intent to make a will, and not an authorization to sell as agent of the owner.</p> <p>Principal and Agent (29, 34)—Express Authority—Power to Sell—Knowledge. An agreement to sell certain real estate by an alleged agent, reciting that the owner of the lots had gone abroad and left a signed statement to sell, “but said signed statement is not a full power of attorney”, was sufficient to indicate to the purchaser the limit of such agent’s authority.</p> <p>Same (8)—Evidence of Agency—Declaration of Agent. Under the rule that neither agency nor the scope of agency can be established by the declarations of the alleged agent, a recital of one’s self “as agent” of the owner in a notice relating to certain real estate would not constitute proof of agency.</p> <p>Improvements (2)—Statutory Provisions. In an action for specific performance of a contract for sale of land, which was unenforceable by reason of the lack of authority of an alleged agent to sell, the plaintiff would not be entitled to recover the value of improvements placed on the land, since Rem. Code, §§ 797-799, allow such recovery only in possessory actions for the recovery of real property upon which permanent improvements have been made.</p>