Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1867-05-30
Proceedings of Court.


were of the most serious tnnt mao coiho pcioio
the court since be had been on the bench. IL in-
wolves the whole question as to how far the action
of an agent binds the principal and also the con-
struction of the statute of frauds which requires
that oil binding contracts concerning land shah
be signed by the seller or some person duly au-
thorized by such seller TO sign the contract. |
1t appears from the evidence that WIN Bright,
doing business as an agent 81 real estate ana act
Ing as an agent for.whoeyer small employ nm
entered into an arrangement IN behaii oil y. =.
johnson for the sale oil a certain house IN walnut
street, Wilmington, to John Edwards Tor ez,ooo,
800 to be paid at once and sl,sOo on the 2oth OF
March following, being in all Sl.40O, one hall OF
the amount agreed on as the price OF the proper
ty, all of which 81, 400 was thus to have been
paid upon the execution Of the deed and delivery
of the property.
The plaintiff claims that Bright's wrnng Is
contract binding on johnson, and In consequence
OF Jolnson's failure to comply with TINS con-
tract they claim damages rom defendant
The deiendents rely on three grounds ior de-
fence. In the hrst TWO they DENY that brght hna
any authority 10 sign such contract, put assuhi-
ing that such authority existed they ailege That
he exceeded his authority ana MS acts are not
binding on deiendent but again assuming that
Bright did not sxcede his authority, they aiiege
thai EDWARDS In the month OF december made
another and q diherent contract win johnson ior
the purchase OF the same property and thereby
waived his former contract.
Assuming that Bright had authority to sign,the
question as to whether or not he had exceeded
his authority would depend on whether johnson
had understood ana agreed upon as nall cash,the
terms OF payment Bright had contracted TO r-
ceiye. That was question oil iact Tor the jury
TO decide from the evidence.
Inc rule Oh law concerning agents is us iolows;
Agents are Oh TWO Ainus'--senefal anu specia.
agents; person 10 whom announcer mas delegated
power to transact all his business or oil his busi
ness OF certain class is general agent and mas
power 70 10 Wna.e'er ID necessary 10 10 IN such
business, and II the agent violates some secret or
special direcnon Oh the prlneipai, inc later Is
still bound by his action.
speciM agents are only authorized TO DO some
one or more particular things, and nave no I'M
plod powers, Dut are pound 70 Ioiiow stf1ctiy inc
directions given thenl. ana IL they exceed thelr
authority tneh actlon docs not pina the pnnclpai.
III Inns case Df'ght, though aoing general
real estate business, is not general, but Is spe-
cial agent oil each particular individual who en-
ploys him, and If he exceeds his authority those
employing him are not bound by his actions.
AGAIN assuming That the contract made BY him
on the 18th Of November. was valid, If johnson
and Edwards subsequently made different con-
tract concerning the same property 1t reseinds
the first contract.
The important question: however, Is the extent
| OF the authority delegated to Bright, in case
| ike this, to dispose OF Johnson's property.
Our Act OF Assembly called the Statute Of
Frauds, is precisely the same as an act passed
by Parliament In the reign of Charles /, for which
reason English rulings under this statute can be
e'..1 - '-',s sAso A' ''''e.o Pfo'iues 'n"e nv
ac'oh snai, pe prousi' chaiging person Win
iiauu IN reiusihs W colhpie'c contract concern
ihs 'eai esui'e' uhicss such coh.fact shali nave
been reduced 10 writing OF some memoranda con-
corning IL, signed by inc owner or some person
thereunto 3y him lawfully authorized. The ques-
ton here was as to whether mere conversation
in which an owner expressed his Willingness to
take certain price, and tells an agent that If he
can get that price he may sell the property, CON
fers upon the agent the right TO sign contract.
| ""s 1s'.o" Ao'S. Pie'.N w inns oo"i'
peiore' Inc eour. ruicu 'ha' 'iie ageh' mas no
po"e. W 'u"he a"u s,sh u eoh'ra'' oiiiuiiis ule
prhcpai' unicsS au'ioii'y 70 s%n pe specmiiy
anu spcciiey given hiih' euch au'horisy hiigh'
pe given W iheie "oiu Vi niou'n' pu' IL mus. ho'
pe mercy "u.ho'i'y " seii pu' uiee' anu poSi.'''
autnority 70 sign. Whethef such authorlty NAG
peci gNeu III 'i'is eusc was ahother quesloh o.
iacI ior tue jury 70 ucciuc upon.
AGAIN II Mr. ofisht haa signea inc contract
wi'hou' aa'noii'y, oul MI johnson haa assehlcl
70 VI approved oi II nc recognized ana ratlhcd Il
anu was uo"nu " 'ii' niish' ae'ioh' "heuie
or ho' WI. johnson haa aohe 80 was aholhe
que'uoh VI Ae. W W ee'efihinca'
We give the charge as fully as our space vii
admit OF, but only give such parts as are of gen
eral public interest and omit many parts bearing
directly on the case on trial. Had we space t.
gave inc case IN iuil We think the natural infer
, ence oil our readers IRON II would be that til
! oourt aiu moi aeem that Mt. johnson mao eve
authorizeu Mr. pfisht 10 sign u contract OF ma
,, AZ any subsequent tme accepted or ratihed I'll
contract SO signed
= | '1 -
tooh recess until O'Clock.
AFTERNOON PROCEEDINGS.
y The Jury in the case of Edwards rs. johnson
N having been out during all the recess, gave We
" dict in favor of tho plaintiff (Edwards) for s2(
y and costs.
= On the presentation of this verdict, Mr.. Lor
!. :. counsel for Mr.. johnson, gave notice that
= should move for new trial.
- James s. Urquhart rs. Sylvester Rianlard Lo
for plaintiff, Maris for defendcnt This is an n
r. ton brought by plaintiff to recover from the d
IL PENDANT 300 deposited in his hands as plaintiff
1T half of the stakes of certain bet Verdict f
II plaintiff 800 and costs.
lit VIM. Herbert u.s. George Nebeker. This ca
was CONTINUED at the request Of the counsel f,
defendant Jas. Baird Us. Robert Taylor Ps
terson for plaintiff, Gordon for defendant.
:, appears from the evidence that TAYLOR purchas
-, of Baird three lots of tobacco, one lot amount
to s673.40 which has since been paid for, al
two other lots, one amounting to S3i5O6, al