Jones v. Sheppard

Nichols, Justice.

The first issue to be determined is whether a contract to sell land, as distinguished from authority to execute a deed to land, is binding upon a principal where there is no written authority given the agent and the contract to sell is oral.

The trial court in overruling the motions for judgment n. o. v. and for a new trial in the alternative distinguished authority to sell from authority to execute a deed, citing Watson v. Brightwell, 60 Ga. 212, and held that authority to sell real property did not have to be in writing and that where an agent had oral authority to sell…