McCullough v. Hitchcock
Supreme Court of Connecticut
Suit to enforce the specific performance of an agreement to sell certain real estate, brought to the Court of Common Pleas in Fairfield County and tried to the court, Qurtis, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court.
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Suit to enforce the specific performance of an agreement to sell certain real estate, brought to the Court of Common Pleas in Fairfield County and tried to the court, Qurtis, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The complaint alleged that the defendant, on the seventh day of July, 1897, acting by his agents and brokers Anderson & Mead, agreed in writing to convey to her, free from incumbrances, certain lands in consideration of $1,100; that the plaintiff tendered said sum to the defendant, but that…
1Opinion of the CourtAndrews, C. J.
Anderson & Mead had no authority to make a written contract binding on the defendant to convey the land in question, unless it can be found in the letter of November 23d, 1896. That letter does not in terms purport to give any such authority. The contention of the plaintiff is that such authority is implied from the request in the let*404ter to find a purchaser; that it is a custom of the real estate business that a broker authorized to find a purchaser for lands may sign a binding contract for the sale of that land. We do not understand any such custom to exist in this State. A custom can exist…
2Cases cited4 opinions
- Duffy v. HobsonCalifornia Supreme Court · 1870
- Halsey v. MorteiroSupreme Court of Virginia · 1896
- Armstrong v. LoweCalifornia Supreme Court · 1888
- Smith v. PhippsSupreme Court of Connecticut · 1894
3Cited by14 opinions
- Salt Lake Lodge No. 85 v. GroesbeckUtah Supreme Court · 1911
- Brown v. GilpinSupreme Court of Kansas · 1907
- Brown v. HoganCourt of Appeals of Maryland · 1921
- Jones v. HowardIllinois Supreme Court · 1908
- Larson v. O'HaraSupreme Court of Minnesota · 1906
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