Townsend v. Kennedy

Citations

• 6 S.D. 47
• 60 N.W. 164
• 1894 S.D. LEXIS 124

Syllabus

<p>1. When plaintiff alleges ownership of real property in his complaint, and the same is denied in the answer, evidence of a witness (admitted without objection on the ground that the question is imcompetent) that the plaintiff was “the owner, to his knowledge,” and this is undisputed, is sufficient to support a finding that the plaintiff was the owner.</p> <p>2. When persons assume to act for another by the execution of a written contract for the sale of real property, and the act is ratified by the principal, by executing the deed provided for in the contract with full knowledge of its terms, he will be thereafter estopped to deny his liability under the contract, and such a ratification renders the contract as valid as though he had given the agents written authority to execute the contract.</p> <p>3. The note or memorandum in writing required by the statute of this state to render a contract for the sale or purchase of real estate valid may be made subsequent to the actual contract, and may be contained in various writings, letters, papers, and documents, provided that the substance of such contract can be ascertained from the writings themselves.</p> <p>4. A formal statement of the terms of the contract by the party sought to be charged is not absolutely indispensable. There are other modes equally conclusive upon the party sought to he charged.</p> <p>5. A memorandum agreement signed by a firm of real-estate agents, reciting that $100 has been received from K. in par-t payment for certain city lots therein described, and containing the terms of the purchase, delivered to and retained by K.; an abstract of the title to the lots, delivered to and retained by K.; a check for $900 signed by K., and deposited as an escrow under the terms of the agreement; notes and a mortgage drawn up in accordance with the terms of the agreement, and forwarded to K., inclosed in a letter to which he replies in writing; a letter inclosing such notes and mortgage, and requesting K.