Downing Investment Co. v. Coolidge

delivered tbe opinion of tbe court:

Action for tbe specific performance of an alleged *346contract for the sale of real estate; from a judgment by motion upon the pleadings in favor of the appellee ’(defendant below), the appellant appeals.

The appellee, a resident of New York City, was the owner of certain lots in the city of Denver. All negotiations with him concerning their sale were by correspondence between him and M. Hewitt, a real estate agent in Denver, upon the strength of which, he, as the pretended agent of the appellee, entered or attempted to enter into a contract with Warwick M.…