Brown v. Gilpin

The opinion of the court was delivered by

Mason, J.:

Archie Brown brought a suit against Job Gilpin to compel the specific performance of a written contract for the sale of real estate, and failing to recover, the trial court having sustained a demurrer to his evidence, prosecutes error. The case involves the statute of frauds, and turns upon the question whether J. W. Wright, a real-estate agent, who executed the contract in behalf of Gilpin, had authority to do so.

Under the law of this state as it existed before March 21, 1905, an agency to execute a written contract for the sale of lands…