title:
Thomas Carstens, Appellant, vs Levrett McReavy, Appellee, Appellee's Brief, Statement of the Case by Appellee.
title:
57
creator:
Levrett McReavy
contributor:
Preston Albertson Donworth
date:
1890-07
publisher:
Washington State Supreme Court
type:
Civil
subject:
Real Property
subject:
Contracts
language:
eng
format:
application/pdf
description:
Prior History: Appeal from District Court, King County.Action to compel a specific performance of an alleged agreement to sell and convey certain real estate in the city of Seattle, King county, State of Washington. The trial court found the following facts:"First: The appellant owned two lots in Burke's second addition to the city of Seattle, which, by parol order, he placed in the hands of real estate brokers for sale, and himself removed to Los Angeles, California, afterwards, by letter, he directed said brokers to sell said real estate upon terms in substance the same as those upon which they finally negotiated a sale. Second: In pursuance of such authority, said brokers negotiated a sale to the appellee, and executed a written contract of sale, which is set forth in the amended complaint, and thereupon demanded of appellant a conveyance to the appellee, this he refused to make, refused to accept the money which they had received from appellee, and has since steadily refused, though conveyance was demanded of him by appellee, and the balance of the purchase price tendered, and the tender ever since made good."The receipt and contract of sale referred to in the findings is as follows:"Seattle, Wash. Ter., Feb'y 25, 1888. Received this date of L. McReavy, of King county, Wash., the sum of three hundred dollars, being deposit as earnest money to bind the bargain for purchase by him of the following described real estate, to wit: Lots 13, 14, block 15, Burke's addition to the city of Seattle, the purchase price of which agreed upon is the sum of six hundred dollars, to be paid in gold coin, as follows, viz.: Cash, three hundred dollars, bal. on or before May 2, 1888. Ten days are allowed to the purchaser herein named for search of title to said real estate, which it is agreed shall be promptly made, and if such title is found imperfect and cannot be perfected within days, then, and in that case only, said earnest money so deposited to be returned. $ 300.00. Eshelman, Llewellyn & Co., agents."Judgment was rendered in said action for plaintiff, and defendant appeals.
description:
Real Estate Brokers – Authority to Sell – Appeal – Statement of Facts – The supreme court will not pass upon the sufficiency of evidence to sustain the findings of fact, nor its admissibility concerning certain matter, where the statement of facts does not include the testimony in so far as it touches the objectionable findings, and does not contain any question or answer, nor any objection, ruling or exception.Under a verbal authority to sell land, a real estate agent or broker has no power to enter into a contract of conveyance binding upon his principal.
relation:
Carstens v. McReavy, 1 Wash. 359 (1890)
relation:
25 P. 471
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf