Killarney Realty Co. v. Wimpey

1. The Civil Code (1910), § 2693, par. 4, requires that “any contract for sale of lands, or any interest in, or concerning them,” to make the obligation binding, shall be “ in writing, signed by the party to be charged therewith, or some person by him lawfully authorized.”

2. “ In ease of sales by auction, the auctioneer shall be considered agent of both parties, so far as to dispense with any further memorandum in writing than his own entries” (Civil Code, § 4107) ; but where, in an action against the alleged vendee, the vendor in a sale upon terms other than for cash relies upon the entries…