Sikes v. Carter

(After stating the foregoing facts.)

While the agent exceeded his authority in his agreement in regard to the improvements, “the principal cannot ratify in part and repudiate in part; he must adopt either the whole or none ” Civil Code of 1910, § 3593. That he has ratified the contract in part conclusively appears in the assignment of error first mentioned in the statement of facts. He insists in the record that rent should be paid not at the rate of $7 per month, the price-which he named to his agent, but at $10 per month, which his agent and the tenant agreed to, upon the condition regarding…