Thompson v. Burns
Idaho Supreme Court
APPEAL from the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to enforce a specific performance of an alleged contract for the sale of real estate. Judgment for the plaintiff. A broker’s authority to find a purchaser and in a sense make sale of the property does not authorize him to execute for the vendor a contract of sale. His authority is exhausted when he has found a purchaser on the vendor’s terms.
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APPEAL from the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to enforce a specific performance of an alleged contract for the sale of real estate. Judgment for the plaintiff. A broker’s authority to find a purchaser and in a sense make sale of the property does not authorize him to execute for the vendor a contract of sale. His authority is exhausted when he has found a purchaser on the vendor’s terms. (Castner v. Richardson, 18 Colo. 496, 33 Pae. 163; Brandrup v. Britten, 11N. D. 376-379, 92 N. "W. 453; Glentivorth v. Luther, 21 Barb. 145; Morris v.…
1Opinion of the CourtSullivan, J.
This action was brought to compel the specific performance of a contract for the sale of 480 acres of land situated in Nez Perce county. The defendants named in the complaint are Walter J. Burns and Mary C. Burns, his wife, the Lewiston Land &. Water Co., a corporation, and F. W. Kettenbach.
The alleged contract for the sale of said land by the defendant, Walter J. Burns, who, it is alleged, was the owner thereof, is set forth in the fourth paragraph of the complaint and is as follows:
“That on the 14th day of September, 1905, the defendant, Walter J. Burns, acting through his agent, the…
Also in this document: Concurrence.
2Cases cited20 opinions
- Coburn v. BrooksCalifornia Supreme Court · 1889
- Maclay v. HarveyIllinois Supreme Court · 1878
- Prairie Development Co. v. LeibergIdaho Supreme Court · 1908
- Larmon v. JordanIllinois Supreme Court · 1870
- Morrow v. MatthewIdaho Supreme Court · 1904
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Anderson v. WhippleIdaho Supreme Court · 1951
- Allen v. KitchenIdaho Supreme Court · 1909
- Gem-Valley Ranches, Inc. v. SmallIdaho Supreme Court · 1966
- Gaskill v. JacobsIdaho Supreme Court · 1924
- Hancock v. ElkingtonIdaho Supreme Court · 1947
13 more not listed; retrieve them via the Exa API.