Hawkins v. McGroarty
Supreme Court of Missouri
Appeal from St. Louis City Circuit Coivrt. — Hon. ’ Daniel Dillon, Judge. The written authority not having authorized the contract, it was not competent for the owner to ratify it verbally so as to make it binding on him . The general rule is that what would not give authority in the first instance cannot amount to a ratification. The ratification to be binding must have been in writing.
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Appeal from St. Louis City Circuit Coivrt. — Hon. ’ Daniel Dillon, Judge. The written authority not having authorized the contract, it was not competent for the owner to ratify it verbally so as to make it binding on him . The general rule is that what would not give authority in the first instance cannot amount to a ratification. The ratification to be binding must have been in writing. Story on Agency, sec. 242; 12 N. H. 232. (1) The object of the statute of frauds is to prevent mischief arising from resort to parol evidence. Therefore, it is required that the contract giving power to sell…
1Opinion of the CourtBrace, J.
By an act approved March 19, 1887, the statute of “frauds and perjuries,” section 2513, Revised Statutes, 1879, was amended by adding the following clause, to that section: “And no contract for the sale of lands made by an agent shall be binding upon the principal unless such agent is authorized in writing to make said contract.”
This is an action in the nature of a bill in equity to specifically enforce the written contract of an agent in. the name of his principal for a sale of land made by the agent, not within the terms of such agent’s written authority, upon the ground of a verbal…
2Cases cited2 opinions
- Palmer v. WilliamsMichigan Supreme Court · 1872
- Pollard & Co. v. GibbsSupreme Court of Georgia · 1875
3Cited by11 opinions
- Kirkpatrick v. PeaseSupreme Court of Missouri · 1907
- Hunt v. U.S. Fire Insurance Co. of N.Y.Missouri Court of Appeals · 1946
- Johnson v. FechtSupreme Court of Missouri · 1904
- Young v. RuhwedelMissouri Court of Appeals · 1906
- Roth v. GoergerSupreme Court of Missouri · 1893
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