McManus v. Gregory
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. A. M. Thayer, Judge. (1) The sales were separate. 16 Mo. App. 376. (2) For tlie redemption of each, piece of property sold, the seller was bound to pay the maximum bonus. 16 Mo. App. 376. (3) Lanham & Sutton, auctioneers, were respondents’ agents for making the sales, and their agency was sufficiently established.
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Appeal from St. Louis City Circuit Court. — Hon. A. M. Thayer, Judge. (1) The sales were separate. 16 Mo. App. 376. (2) For tlie redemption of each, piece of property sold, the seller was bound to pay the maximum bonus. 16 Mo. App. 376. (3) Lanham & Sutton, auctioneers, were respondents’ agents for making the sales, and their agency was sufficiently established. But if the sufficiency of proof of their agency be questioned, the fact is indubitably established by a subsequent ratification. That the recognition and ratification of an act which has been previously performed are tantamount to its…
1Opinion of the CourtBlack, J.
This was an action for the specific performance of a contract for the sale of real estate. 'The facts disclosed on the trial are these: Fisher & *372Company, real-estate agents, issued a prospectus or handbook of a proposed auction sale of various parcels of property belonging to their patrons. The terms of the sale, as therein set forth, so far as material to this case, are as follows : “If, however, ahy piece of property is knocked down at the sale at a price that the' owner considers too great a sacrifice, he will have the right, within forty-eight hours after the sale, to redeem the same by…
2Cases cited2 opinions
- Van Eps v. Mayor of SchenectadyNew York Supreme Court · 1815
- Wells v. DayMassachusetts Supreme Judicial Court · 1878
3Cited by1 opinion
- National Pigments & Chemical Co. v. C. K. Williams & Co.Court of Appeals for the Eighth Circuit · 1938