Pringle v. Spaulding
New York Supreme Court
THIS is an action to recover damages for the non-performance of an agreement for the sale of real estate. The agreement was signed on behalf of the defendant by one Poillon, a real estate broker, who testified that he called on the defendant, who told him “ that the price was $5500; that $4000 could remain on the property, but if 1 could sell it so as to get $2500 cash in place of $1500, he would be very much pleased'; ” and after the agreement was'signed, Poillon met the…
Read the full summary
THIS is an action to recover damages for the non-performance of an agreement for the sale of real estate. The agreement was signed on behalf of the defendant by one Poillon, a real estate broker, who testified that he called on the defendant, who told him “ that the price was $5500; that $4000 could remain on the property, but if 1 could sell it so as to get $2500 cash in place of $1500, he would be very much pleased'; ” and after the agreement was'signed, Poillon met the defendant and told him he had sold the property agreeably to his terms, receiving $2500 in money instead of $1500. He said…
1Opinion of the Court
By the Court, Gilbert, J.
The statute of frauds .does not require that the authority of the agent contracting for the sale of lands should be in writing. It may be established by parol, and it will be inferred, where the princi*21pal adopts the act of the agent. (More v. Snedburgh, 8 Paige, 606. McWhorter v. McMahan, 10 id. 386. Lawrence v. Taylor, 5 Hill, 107. Newton v. Bronson, 3 Kern. 594.) Whether an authority to sell, given to one whose occupation is that of a real estate broker, authorizes the broker to sign the contract, is the question presented.
In Coleman v. Garrigues, (18 Barb. 68,)…
2Cases cited6 opinions
- Dykers v. . TownsendNew York Court of Appeals · 1861
- Glentworth v. LutherNew York Supreme Court · 1855
- Barnard v. MonnotNew York Court of Appeals · 1866
- More v. SmedburghNew York Court of Chancery · 1841
- Champlin v. ParishNew York Court of Chancery · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kirkpatrick v. DowningSupreme Court of Missouri · 1874
- Kramer v. BlairSupreme Court of Virginia · 1891
- Stewart v. WoodSupreme Court of Missouri · 1876
- Smith v. AllenSupreme Court of Missouri · 1885
- Banks v. Chas. P. Harris Manuf'g Co.United States Circuit Court · 1884
4 more not listed; retrieve them via the Exa API.