Stemler v. Bass (1908) · DecisionDepot

Stemler v. Bass

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 2, 1908 No. L.A. No. 2060.Published

Before: Angellotti

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Holding. The court held that an agent authorized to find a purchaser for real estate lacks the authority to bind the principal to a contract of sale unless such power is explicitly conferred, and that the agent's authority here was limited to consummating a cash sale through a designated bank.

Issues

Whether the agent had authority to bind the principal to a written contract of sale.
Whether the principal ratified the agent's unauthorized contract of sale.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The evidence showing the additional authority affirmatively showed the want of authority on Hadden’s part to bind Bass by any agreement to sell.”

Synopsis

The facts are stated in the opinion of the court.

ANGELLOTTI, J.

This is an action by the vendee to enforce specific performance of an alleged contract for the sale of a lot of land in Huntington Park, Los Angeles County. Defendant had judgment and plaintiff appeals from such judgment and an order denying her motion for a new trial.

[792]

Plaintiff’s claim is based on a written instrument executed on January 3, 1905, by one J. S. Hadden, purporting to act as the agent of defendant T. W. Bass, owner of the land, which is as follows:—

“Los Angeles, Cal., January 3rd, 1905.

“Received from Belle G. Stemler $50.00 (fifty dollars) as. deposit on purchase of property owned by T. W. Bass, (now of Broken Bow, Nebr.) said property located and being lot 13, block 31, Huntington Park, Los Angeles County, Cal. The balance, .$800.00 (eight hundred dollars) to be paid on transfer of the said property, clear of all encumbrances, except mortgage of $1200.00, now held by one Katherine Kramer, which the said purchaser, Mrs. Belle G. Stemler, agrees to-assume.

“The amounts above specified, namely $800.00 and the $50.00 deposit, constituting $850.00 the entire equity of T. W. Bass, as per instruction of letter addressed to J. S. Hadden, dated December 28th, 1904, the said terms and amount being accepted by the purchaser.

“Signed by agent of T. W. Bass,

“J. S. Hadden.”

The trial court found that Bass never conferred authority on Hadden to execute any contract of sale of the land, that the only authority conferred on him was to find a purchaser for the same, that Hadden had no authority to sell the same except for cash, payable immediately in bank to the credit of Bass, and that Bass withdrew the authority.conferred_before Hadden had made any sale in accordance therewith. The principal question on this appeal is as to the sufficiency of the evidence to sustain these findings.

Unless the agreement made by Hadden with plaintiff was. authorized in writing by Bass, it was, of course, not binding upon him (Civ. Code, sec. 1624, subd. 5), unless subsequently ratified. Plaintiff seeks to show such authority in certain letters and written directions sent by Bass from the state of Nebraska, where he was residing. Bass had left California, for Nebraska early in September, 1904. He had endeavored to sell this property before leaving, but had been unable to do-so, and left the property in charge of Hadden, with directions, to see what he could do about selling it. On the day he left

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he told Hadden that if he could get twenty-one hundred dollars for the property, to sell it. There was a mortgage of" twelve hundred dollars thereon, which the purchaser was to-pay or assume, and the balance of the purchase money was to be paid to the owner. The first written evidence of any authority was contained in a letter from Bass to Hadden,, dated September 12, 1904, wherein he said: “How did you-come out with the deal on the house ? I wish you would push, that sale through lively as I am in need of the money.” On-. October 19, 1904, he wrote Hadden that he had decided not to sell at present, but desired him to get a good tenant from month to month, upon certain terms. On October 26th he wrote him again that he had decided to sell, and that for the-next sixty or ninety days would take nine hundred dollars, net for his equity in the property. November 22d, replying to a message from Hadden that he had an offer of two thousand and fifty dollars for the place, he wrote to accept it, and. let "him know to whom the deed was to be made, and “I will, send it to the Los Nat’l Bk., and the money can be paid there and take up the deed. Hope you will get everything-through all O. K.” On November 23d he wrote, stating that, he had received a message to the effect that the deed should be made to Hadden, and stating: “I am sending the deed to-Southern California Savings Bank and instructing them that upon the payment of $850 to be forwarded to me and you accepting the mortgage for $1200 in favor of Mrs. KatherineKraemer and also the payment of $14.24 to Mr. Burbank for-the insurance" policy they shall then turn over to you the-deed.” On November 28th, he inclosed the deed to Hadden made subject to the mortgage, the purchaser assuming the-same, to such bank, with directions to deliver the same upon payment to it of eight hundred and fifty dollars, and $24.50-insurance, and to forward such money when so paid to him. On December 14th, he wired Hadden to take up the deed,, as he needed the money. On December 28th he wrote Hadden, that he had paid up the insurance, and said: “Now, ... I am in need of some money awfully bad and if you can possibly find me a buyer that will pay $850 and take up that deed, let them have it. ... I will write the bank to accept $850 and turn over the deed, and purchaser to accept the mortgage of-course. I do hope you can dispose of it.” On the same day he-

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Synopsis

ANGELLOTTI, J.

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