Roberts v. Hilton Land Co.

Citations

• 45 Wash. 464
• 88 P. 946
• 1907 Wash. LEXIS 494

Syllabus

<p>Frauds, Statute of — Sale of Lands — Memorandum—Oral Authority to Sign — Brokers—Statutes—Construction. Laws 1905, p. 110, amending the statute of frauds and requiring a contract for the employment of a broker to be in writing, does not change the rule in this state that the authority of a broker to execute a written contract for the sale of lands need not be in writing.</p> <p>Corporations — Representation of Officers — Sole Stockholder. A corporation is bound by a sale of its land made by its president as his individual property, where 98 per cent oí the stock of the corporation, all but two shares held nominally by the secretary and attorney of the company, was held by the president, who was also general manager and fully authorized to sell any of its property, who was in sole charge of its business, and who mingled his personal funds with those of the corporation, making no distinction between his individual business and the business of the company.</p> <p>Brokers — Authority—Ratification of Saxe. Although a broker is orally authorize# only to find a purchaser for certain land, his written contract for its sale is ratified and binding on the owner, if he agrees to the sale upon being notified thereof and accepts earnest money paid thereon (Fullerton, J., dissenting).</p>