Mason v. Matthews

(dissenting) — I dissent. Matthews at all times was the record and real owner of the property. In the absence of ratification or of circumstances creating an estoppel, an agency to sell real estate of another can be established only by written authority of the owner. Hitherto, I had supposed that such an agency could be established only through a power of attorney. This court, I think, has so held in Murphy v. Clarkson, 25 Wash. 585, 66 Pac. 51. In that ease, Clarkson executed a power of attorney to one Fehren to sell certain property. Murphy entered into a contract to purchase the property.…