Fields v. Korn

It is suggested that the statute of frauds, CL 1948, § 566.108 (Stat Ann 1953 Rev § 26.908), makes void a contract to sell real estate when signed by fewer than all joint owners, citing Adler v. Katus, 190 Mich 86, as authority. Adler v. Katus does not support the general statement for which it is cited nor does the statement properly reflect the law.

The statute makes a contract to sell real estate void only if it is not signed (1) by the party by whom the sale is to be made, or (2) by someone authorized in writing to sign for him. In Adler v. *111Katus, this Court was concerned only with the…