Rutenberg v. Main

Citations

• 47 Cal. 213

Syllabus

<p>Statute of Fbauds as to Sale of Land.—The Statute of Frauds only requires that the memorandum in writing for the sale of land shall be signed by the vendor or his agent. It need not he signed by the vendee, * and need not he a specialty; and the power to an agent to make it may be given verbally.</p> <p>Memobandum in Wbiting by Agent fob Sale of Land.—Á memorandum in writing, made by an agent for the sale of the land of the principal, which declares that the agent has sold the land on account of the principal, and which is signed by the agent as attorney in fact for the principal, is sufficient in form, and is executed in such a manner as complies with the Statute of Frauds.</p> <p>Authobity of Bbokeb Employed to Sell Land.—The authority of a mere broker, employed to sell real estate, is limited to the power of finding a purchaser satisfactory to the principal; hut if the language of the principal, used in making the employment, clearly shows that he intended to give the agent a power more extensive than that of a mere broker, and to authorize him to make a written memorandum of sale, th'é Court will so find, and will enforce the written contract made by him.</p> <p>Ekfobcing Contbact fob Sale of Land.—If, in a case where both the vendor and vendee act through agents in the sale and purchase of real estate, a written memorandum of sale is made by the agent of the vendor. and delivered to the broker of the vendee, and the circumstances show that the broker of the vendee was authorized by him to make the purchase, and that the vendee accepted of the delivery of the written memorandum to his broker as a delivery to him, and knew what its contents were, the contract will be enforced against the vendee.</p> <p>Judgment in Case of Misjoindeb of Pabties Defendant.—If there are several defendants, and the complaint avers a joint contract made by all the defendants, when, in truth, it was made by a part only, and the answer denies the contract, but does not specially set