Quale v. Hazel

Citations

• 19 S.D. 483
• 104 N.W. 215
• 1905 S.D. LEXIS 70

Syllabus

<p>1. Where plaintiff, in an action for commission for the sale oflandfor defendant, alleged that the contract sued on was made with defendant’s agent, whose authority to contract with plaintiff defendant denied, the contract between defendant and his agent, which defendant testified was the only contract he had made regarding the sale of the land, was admissible.</p> <p>2. By an option contract for the sale of land at a specified sum, providing that the vendor should pay the vendee a certain amount as liquidated damag'es if he should refuse to accept the price and execute a deed as he had therein contracted to do, the vendor conferred no authority on the vendee to bind the vendor to pay any commission to a third person on account of the sale.</p> <p>3. In an action for commission for a sale of land under a contract alleged to have been made with defendant’s agent, where there was evidence tending to show that a contract was entered into between the agent and defendant for the exchange of land by which defendant agreed to pay the agent a certain commission, and defendant testified that be had settled with the agent and gave him a note for the amount before he had any knowledge that plaintiff was in any manner connected with the transaction, plaintiff could not on cross-examination require the defendant to answer as to whether the note had been paid.</p> <p>4. Instructions requested are properly refused when not based on evidence,</p> <p>5. A pi’incipal is not liable on a contract of his aeent, executed in the name of the principal, where the agent was not authorized by the principal to enter into the contract.</p> <p>6. A ratification of the contract of an agent by a principal is not binding on the principal where it is not made with a full knowledge of all the 'facts connected with the transaction.</p> <p>L In an action against a principal to recover on an alleged contract made with his agent, where there was no evidence tending to prove that the alleged agent had