The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-04-17

presses one as being an earnest ono. He
started out by insisting that the men,
bers OF the Presbytery should stand
when they addressed him, and he
frowns severely on any whispering, or
private conversations" as he calls them.
RIGHTS OF REAL ESTATE AGENTS.
An Important Decision by Judge Blair
Respecting Principal and Agent.
Below is given resume of the opinion
Of Judge Blair, delivered at. the late
circuit court of Roanoke county, and
upon which he disposed of three cases
relating to the subject of real estate
agents. A subject which, Of late, has
been commanding the attention of the
legal minds. Formerly when one
wished to purchase or dispose Of real
estate, the attorney at-law was con-
suited, the result of which was to cause
the law to look with suspicion upon the
acts OF the attorney, especially where
he derived any especial benefit beyond
that OF his compensation; for the conf
Dental relation he bore to his client
enabled him, were he inclined to do so, to
reap many an unjust harvest at tho ex-
pense of his client. In later years, how
ever, class Of men known as real
estate agents" or brokers" as they are
called by the court Of appeals of Vir-
GINA, have superseded attorney and
client and the confidential relation"
to a.great extent, has been modified.
and the tendency of the later decisions
is in favor Of a moro liberal construc ion,
as shown by the following able opinion:
sin the matter of real estate agents,
though in the general classification of
agents, they fall in the category OF
brokers, as distinguished from factors.
Yet that does not con6ne them to the
sole duty of negotiators or to bring
parties together. They are usually
special agents and must act according
to their specific instructions. And ii
the owner of real estate only authorizes
real estate agent to make sale of his
property without specifying amounts or
terms, thcn the agent Can only act as
negotiator and conclude sales after in
forming his principal and obtaining his
further authority. But if a principal
places his property in a charge Of real
estate agent for sale with statement of
price and terms, then the agent has full
authority to make the sale and sign a
contract according to the price and
terms given him and these bind his
principal to complete the transaction by
executing deed according to the con-
tract; and such authority may be con-
ferred on the agent by parol, that is by
writing, not under seal, or verbally,
though it is always better to have such
authority in writing to save difficulty of
profit and to prevent misunderstanding
as to language OF authority.
"And to make the contract binding on
the principal, when there is sale, tho
agent should sign memorandum in
wriCing. setting forth the land to which
the contract relates, the estate or inter
est contracted for and the terms Of pay
mont; which writing, Mr.. Minor says, may
be ever so informal so it be intelligable
and reasonably certain and an undeliv-
cred deed, whilst not good as a deed, may
yet be good as a contract supposing it to
contain the bargain concluded between
the parties, and it is immaterial in what
form tho agreement is, so the parties,
the subject matter and the terms arc
clearly expressed therein; it may be by
letter as well as otherwise, or it may be
a clear and distinct reference to some
other writing, but the connections be-
tween the writings cannot DO cstab-
lished by parol; it must clearly appear
by reference, contained in the writing
signed to the other writing" A mem
orandum by an auctioneer'S clerk, under
heading of auction sales, For tract of
land. S4.1O per acre; purchaser. w.
Smith, was held sufficient.
In 4th Munf. TIA letter promising
to mako a deed for tract of land
according to contract is sufficient if the
party can prove by one witness the price
agreed.
But it is better to mako the memoir
andum full and clear, and better way
nnl lNn 70 fyrif t,oo g
sale and have it signed by the agent as
agent for his principal and also signed
by tho purchaser.
Where the authority only gives the
agent the price of the property to be
sold without specifying the terms a
question is raised as to the import of
that, when the authority is broker or
special agent, Mr.. Wharton says:
"While the authority of broker to
bind his principal may by special agree
ment be ooarricd o to any entent that
the principal may choose. the customary
authority Of brokers is in its main
branches so settled as to become part
of the common law known as the law
merchant. When such it is taken no.
tice OF by the courts and is not to be
proven as question of fact. In
branches of business, however, for
which the law merchant has settled no
notorious sales, and in other branches
OF business where the rules are still
indefinite evidence of known usage is
admissible to prove what tho contract t
was" Meachem on agency, section 1926,
says the power to sell land does not of
itself imply an authority to sell on
credit. The presum ption is that the
sal, is to be for cash. But where the
agent is authorized to sell "on such
terms as to him shall seem meet" he
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