Furse v. Lambert

This is an action for specific performance of a contract for the sale of real estate executed by an alleged agent of defendant. Plaintiff prevailed, and defendant appeals.

1. It is argued that the petition does not state facts sufficient to constitute a cause of action. Plaintiff alleges that defendant on the 15th of December, 1907, owned the land in controversy, but resided in Iowa; that he corresponded with Myers, a real estate agent in Nebraska, “with the view of employing the said Myers to sell the land for him” 'by February 1, 1908, for $5,600; that Myers agreed to defendant’s terms, “and…