Legal Opinion

Armstrong v. Lowe

California Supreme Court

Decided June 19, 1888No. 12540PublishedCited by 33 opinions

Arpead from a judgment of the Superior Court of San Luis Obispo County, and from an order refusing a new trial. In January, 1887, the defendant employed the firm of Cook & Henderson, real estate brokers, to sell certain land belonging to him, and executed and delivered to them the following written memorandum:— “San Luis Obispo, January 6,1887. “W. A. Henderson, C. C. Cook, Cook & Henderson, Real Estate Agents.

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Arpead from a judgment of the Superior Court of San Luis Obispo County, and from an order refusing a new trial. In January, 1887, the defendant employed the firm of Cook & Henderson, real estate brokers, to sell certain land belonging to him, and executed and delivered to them the following written memorandum:— “San Luis Obispo, January 6,1887. “W. A. Henderson, C. C. Cook, Cook & Henderson, Real Estate Agents. “You are hereby authorized to sell my property, and and receive deposit on same, situated .... in San Luis Obispo, state of California, and described as follows, .... for the sum of…

1Opinion of the Court

Hayne, C.

The sole question in this case is, whether the real estate brokers whom the defendant employed “to sell”' certain real property had authority to execute a contract to convey. We think that upon the authority of Duffy v. Hobson, 40 Cal. 244, 245, 6 Am. Rep. 617, it must be held that they had not, and that the case of Rutenberg v. Main, 47 Cal. 219, is not in point.

We therefore advise that the judgment and order denying a new trial be affirmed.

*618Foote, C., concurred.

Belcher, C. C., took no part in this opinion.

The Court.

For the reasons given in the foregoing opinion, the judgment and…

2Cases cited1 opinion

  1. Duffy v. HobsonCalifornia Supreme Court · 1870

3Cited by33 opinions

  1. Carstens v. McReavyWashington Supreme Court · 1890
  2. Jauman v. McCusickCalifornia Supreme Court · 1913
  3. Phelps v. PruschCalifornia Supreme Court · 1890
  4. York v. NashOregon Supreme Court · 1903
  5. Grant v. EdeCalifornia Supreme Court · 1890

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