Waddill v. Sebree

Citations

• 88 Va. 1012
• 14 S.E. 849
• 1892 Va. LEXIS 64

Syllabus

<p>1. Agent —Undisclosed principal. — Where one contracts as agent without naming a principal, the contract enures to the latter’s benefit, provided he ratifies the same.</p> <p>2. Idem — Parol evidence. — Parol evidence is admissible to show who is the principal.</p> <p>3. Principal and Agent. — In such case agent as well as principal is bound.</p> <p>4. Earnest Money — Forfeiture.—Payment down of earnest money cannot change a contract of purchase into an option. Such payment operates only as part payment of the purchase-money.</p> <p>5. Specific Performance — Case at bar. — Defendant, a non-resident, employed an agent to negotiate for Mm the purchase of certain lots. Agent purchased them in Ms own name, but the defendant, on terms acquiesced in by Mm, including payment of §500 cash to he forfeited in case of default. Defendant afterwards refused to complete purchase;</p> <p>Held :</p> <p>In suit for specific performance, aided by attachment in equity, that defendant was bound.</p>