Luke v. Griggs
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Grand Forks county. The facts are stated in the opinion. If the agent in pursuance of his authority makes a complete sale, the agency is “functus officio,” and therefore has its natural termination. That the dissolution or determination of an agency may be effected by the extinction of the subject matter of the agency. Story on Agency, Secs. 481, and 499; Ewell’s Evans’ Agency, p. 132; Fitch’s, The Real Estate Agent, 50, 1 Am. Lead.
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Appeal from the district court of Grand Forks county. The facts are stated in the opinion. If the agent in pursuance of his authority makes a complete sale, the agency is “functus officio,” and therefore has its natural termination. That the dissolution or determination of an agency may be effected by the extinction of the subject matter of the agency. Story on Agency, Secs. 481, and 499; Ewell’s Evans’ Agency, p. 132; Fitch’s, The Real Estate Agent, 50, 1 Am. Lead. Oases, 711, (5th Erl.); Iowe v. Thiel, 25 La. Ann.; Cushman v. Glover, 11 111. 601; Walker v. Dennison, 86 111. 142; Bissell v.…
1Opinion of the Court
Church, Louis K., J.
This was an action for damages for breach of contract for the purchase and sale of real estate.
Prior to October 13, 1881, the defendants and appellants were the owners of lots eleven and twelve, in block twenty-two; in Grafton and at said time one J. A. De-Laney was their agent for the sale of said lots, acting under a written power of attorney. On the 13th of October, Delaney, as agent for the defendants, and on their part, executed and delivered to Irvin Boutin a written agreement to convey to said Boutin said lots. On October 17, 1881, Delaney executed and delivered to…
2Cited by6 opinions
- Fletcher Bros. v. NelsonNorth Dakota Supreme Court · 1896
- United States v. American Sales CorporationDistrict Court, S.D. Texas · 1928
- Harrison v. MagoonHawaii Supreme Court · 1902
- Stapran v. James H. Maden, Inc.Oregon Supreme Court · 1933
- Fuller v. SamuelsAppellate Court of Illinois · 1907
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