Curtis v. Hulburd

On the 23d day of March, 1891, the appellants and one Horace A. Hulburd, who professed to act for the appellee, made a written contract for the sale by the appellants to the appellee of some land, which contract Horace signed “Frank Hulburd, by H. A. Hulburd, his agent,” without written authority, and paid $200 as earnest money, by his own check.

The appellee by his bill repudiates the authority of Horace, makes some vague allegations of deception as to the location of the land, says he gave the money to Horace to pay upon a purchase of land at the location where he believed the land to lie,…