Chouteau Land & Lumber Co. v. Chrisman
Supreme Court of Missouri
Appeal from Mississippi Circuit.Court. — Hon. Henry G. Riley, Judge. (1) “No contract for the sale of lands, made by an agent, shall be binding upon tbe principal unless said agent is authorized in writing to make such sale.” R. S. 1899, sec. 3418; Greening v. Steel, 122 Mo. 287. (2) The authority of an agent must appear sufficiently to identify the land. That fact cannot be supplied outside.
Read the full summary
Appeal from Mississippi Circuit.Court. — Hon. Henry G. Riley, Judge. (1) “No contract for the sale of lands, made by an agent, shall be binding upon tbe principal unless said agent is authorized in writing to make such sale.” R. S. 1899, sec. 3418; Greening v. Steel, 122 Mo. 287. (2) The authority of an agent must appear sufficiently to identify the land. That fact cannot be supplied outside. Johnson v. Pecht, 185 Mo. 335. (3) Ratification of a sale of real estate by an agent must be in writing when the agent has no written authority to sell such real estate. Hawkins v. McGroarty, 110 Mo.…
1Opinion of the CourtValliant, P. J.
Plaintiff sued in ejectment for the possession of southeast quarter of the northwest quarter of section 15, township 27, range 11 east, forty acres in Stoddard county. Defendant Chrisman answered, admitting legal title in plaintiff, but claiming the equitable right to have the legal title conveyed to him by virtue of a purchase by him from an agent of plaintiff under which he went into possession, made ■valuable and permanent improvements, and has continued in possession; the answer prays that plaintiff' be required to convey title ' to defendant, or that defendant have judgment for the…
2Cases cited1 opinion
- Chouteau Land & Lumber Co. v. ChrismanSupreme Court of Missouri · 1903
3Cited by5 opinions
- Winkleblack v. National Exchange BankMissouri Court of Appeals · 1911
- Arnold v. Broadmoor Development Co.Missouri Court of Appeals · 1979
- Concrete Engineering Co. v. Grande Building Co.Missouri Court of Appeals · 1936
- Hodkinson v. McNeal Machinery Co.Missouri Court of Appeals · 1911
- In re U. S. Bank & Trust Co., Pennsylvania Court of Common Pleas, Philadelphia County1934