Gregg v. Carey

SMITH, J.

Appeal from a judgment for the defendants, and from an order denying the plaintiff’s motion for a new

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trial. The suit is brought for specific performance of a contract for the sale of real estate alleged to have been made by the defendants, or for damages, in case performance cannot be had.

The contract sued on is signed by the defendant Lewis

only;

but it is alleged that he was authorized in writing by the other defendants to sign it on their behalf. It is in the words and figures following:

“Los Angeles, Cal., Feb. 11-05.

“Received from Luisa A. Gregg the sum of fifty dollars, being a deposit on lot one in blk. 28 Crenshaw’s Arlington Hts. tract $1000 cash with unlimited certificate of title and all street work in front of said lot to be done and paid for by first party within one year. The first party also agrees to conduct an adequate supply of water to said lot within a year.

“The first party also agrees to lay a temporary pipe to said lot conducting an adequate supply of water for domestic purposes within one week from completion of sale.

“First party agrees to furnish above title and deed to said lot within ten days from date hereof.

“FLOYD F. LEWIS.”

At the time of the making of this document the legal title to the land was vested in Crenshaw and the equitable title in Carey, under a contract of sale subject to certain building restrictions and other conditions; and it is found that Lewis was not authorized in writing, or otherwise, by the other defendants to execute the instrument sued on. It appears from the evidence, however, that upon application to Carey by the plaintiff’s attorney on her behalf, he was informed by Carey that Lewis was authorized by him to sell the lot, and the attorney was directed “to see defendant Lewis in the matter.” This,' it is claimed by the appellant, under authorities cited, was a ratification of Lewis’ agency by Carey of such a character as to estop him from denying it, and this contention, we think, must be sustained. (Civ. Code, secs. 2300, 2317, Code Civ. Proc., sec. 1962, subd. 3;