Burson v. Blackley

Stayton, Associate Justice.

Gr. I. Blackley, claiming to be the agent of the appellant Burson, contracted verbally to sell to W. J. and Gr. W. Mayo one hundred acres of land, and received thereon a part of the price agreed upon.

The evidence bearing on the question of agency is conflicting.

Burson, at that time, was the owner of an undivided one-half interest in the tract of land of which that in controversy is a part, and, soon after the verbal contract was made between Blackley and the Mayos, he conveyed to Blackley his entire interest in the larger tract, which contained eight hundred and…