Heck v. Dreux

GÓDCHXUX, J.

Plaintiff sued for a specific performance of a contract whereby she agreed to purchase certain real estate,^ she alleging that the contract was made through defendant’s authorized agent to whom she paid the entire purchase price in advance. Her alternative prayer for the return of the purchase price was sustained by the lower Court and the defendant has appealed.

The defense is that the alleged agent who pocketed the purchase price and failed to carry out the contract to sell, was wholly without authority from defendant to make the agreement or to receive the consideration on his…