Ideal Savings Homestead Ass'n v. Kerner

The plaintiff, a homestead association, instituted this suit against the defendants to annul and cancel a purported act of sale of real estate by itself to the purchaser, dated November 26, 1941, on the ground that its president was without authority, express or implied, to sell the property. It also alleged that it did not receive the purchase price or any benefit from the sale and prayed for an accounting and a monied judgment against the defendants for rent at the rate of $43 per month from November 26, 1941.

The defendant, Kerner, denied the allegations of the plaintiff's petition. He…