Mills Colorado Digest Volume 2; A Complete Digest of All Reported Colorado Cases, Territorial, State and Federal from February 28, 1861, to January 1, 1900, Covering the Particular Volumes Specified in the Preface, Together with Numerous Editorial Notes an (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 Excerpt: ...deed, see "Powers," 1. (a) Under the statute of frauds, 1 Mills 2022, prior to amendment by L. '87, p. 274, an agent acting under parol authority might execute the written contract or memorandum for the sale of real estate and bind his principal. Rice v. Bush, 16 C. 484, 489-90 ('91), 27 P. 720-1. (b) A contract entered into by an agent for the conveyance of real estate is absolutely void unless such authority of the agent is in writing. (1 Mills 2022.) Clement v. Major, 1 C. A. 297, 302 ('92), 29 P. 20. (c) Giving an agent authority to sell real estate at a fixed price does not of itself authorize such agent to give a third party a mere option to purchase. Field v. Small, 17 C. 386, 393 ('92), 30 P. 1034. (d) To bind the principal to execute a conveyance of real estate, the authority of the agent to make the sale must be established. Such authority need not be under seal--need not be contained in a single instrument--may be deduced from letters and telegrams, but it is indispensable that the agency and authority be established. Sullivan v. Leer, 2 C. A. 141, 146 ('92), 29 P. 817. (e) Where a drug business was conducted by a husband in the name of his wife and on capital furnished by her, he acting as general manager of the business, buying and selling goods, she is liable for goods purchased by him and placed in the stock and sold, whether she had knowledge of the purchase or not, and although she had told the salesman of the company selling the goods that her agent must no longer buy goods of his company. Moffltt-West Drug Co. v. Lyneman, 10 C. A. 249, 252, 254 ('97), 50 P. 736. 8 31. To Improve real property. The manager of a hotel, to incur any responsibility on behalf of his principal for the removal of old apparatus and ...