Simmons v. Kramer

Citations

• 88 Va. 411
• 13 S.E. 902
• 1891 Va. LEXIS 53

Syllabus

<p>1. Specific Performance — Authority of agent. — It is settled that in a case where plaintiff sues for specific execution of a purchase of land alleged to have been made by him from the agent of the owner, he must show, by evidence which is clear, competent, direct, and satisfactory, both the terms of the contract and the authority of the agent, or a ratification by the principal. Blair v. Sheridan, 86 Va. 527.</p> <p>2. Idem — Case at bar. — Upon the evidence in the record of this case;</p> <p>Held :</p> <p>The authority of the agent did not extend to making a sale, but only to finding a purchaser, and specific execution could not be decreed.</p>