Lipkowitz v. Freedman
Supreme Court of Connecticut
Suit for specific performance of an agreement to convey land, or for damages for its breach, brought to and tried by the Superior Court in New Haven County, Greene, J.; facts found and judgment rendered for the plaintiff, for a decree for conveyance of said land, and appeal by the defendant. The plaintiff and defendant were the joint owners of number 40 Gilbert Street, New Haven.
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Suit for specific performance of an agreement to convey land, or for damages for its breach, brought to and tried by the Superior Court in New Haven County, Greene, J.; facts found and judgment rendered for the plaintiff, for a decree for conveyance of said land, and appeal by the defendant. The plaintiff and defendant were the joint owners of number 40 Gilbert Street, New Haven. Plaintiff employed Mr. Koletsky, an attorney, to make an amicable adjustment with the defendant of their differences regarding this property and to put an end to the tenancy in common therein. Koletsky wrote…
1Opinion of the CourtWheeler, C. J.
The basic error upon which the defendant’s appeal rests is the court’s ruling that Mr. Freedman’s authority to sell the defendant’s interest in this real estate could be created by parol. The ruling was correct. In specific performance upon an agreement signed by an agent in the absence of statutory provision, the agency may be established by parol. The agency may be proved in the same manner as an agency in any other transaction. When the agency is thus established, a written contract or memorandum signed by the agent so created will bind his principal. Newton v. Bronson, 13 N. Y. (3 Kernan)…
2Cases cited5 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Brandon v. PritchettSupreme Court of Georgia · 1906
- Jacobson v. HendricksSupreme Court of Connecticut · 1910
- Tyrrell v. O'ConnorSupreme Court of New Jersey · 1897
- Hawkins v. ChaceMassachusetts Supreme Judicial Court · 1836
3Cited by5 opinions
- O'Leary v. SkiltonSupreme Court of Connecticut · 1925
- Old Quarry Ass'n v. HickeyDistrict Court, D. Connecticut · 1986
- Gruskin v. AllynSupreme Court of Connecticut · 1957
- Chase Brass & Copper Workers' Union v. Chase Brass & Copper Co.Connecticut Superior Court · 1947
- Rehkamp v. KlahrConnecticut Superior Court · 1949