Spengler v. Sonnenberg

Citations

• 88 Ohio St. (N.S.) 192

Syllabus

<p>Proceedings to enforce specific performance—Written contract for sale of real estate—Signed by agent under express authority— Authority must conform to identical contract sued on—Parol authority of agent must be clearly proven—Law of agency.</p> <p>1. In a proceeding to enforce specific performance of a written contract for the sale of real estate, signed by an agent under express authority, it must be shown that the authority was such as to permit the making of the identical contract sued on, and not one differing therefrom in a material respect.</p> <p>2. If an agent, acting under express authority to enter into a written contract for the sale of land, makes a contract for his principal which includes terms not authorized, the agreement is void, and its performance will not be enforced.</p> <p>3. Where the express authority of an agent to sign an agreement in writing for the sale of lands rests in parol, the proof must be clear and convincing not only of such parol authority, but also that the authority was such as to permit the inclusion of all of the material terms which are embodied in the instrument.</p>