Riley v. Grant

Citations

• 16 S.D. 553
• 94 N.W. 427
• 1903 S.D. LEXIS 122

Syllabus

<p>1. Where one wrote a landowner, asking him the price of land, and stating it was a good time to sell it, and the owner replied, stating the price, and that a third party claimed he could sell it the previous fall but had not sold it, and, if the one addressed could sell it or rent it, the owner would do what would be right for him, such correspondence did not give the one addressed authority to bind the owner by a contract of sale.</p> <p>2. After the receipt of the letter, the one addressed executed a contract for the sale of the land, and, on being informed of such contract, the owner wrote him he thought he had left the matter in bhe hands of the third party, and that he had written such third party about the sale, and that the one addressed had better see such third party, and have him make out a deed for the owner to sign. Subsequently a deed was forwarded to the owner, no consultation having been had with the third party, to which the owner replied th'at he had received from such third party a request not to sign any déed, and that, if the third party’s consent could be obtained, he would execute the deed. Held, that there was no ratification of the contract by the owner.</p>