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The Encyclopedic Digest of Virginia and West Virginia Reports; Being a Complete Encyclopedia and Digest of All Virginia and West Virginia Case Law Up

The Encyclopedic Digest of Virginia and West Virginia Reports; Being a Complete Encyclopedia and Digest of All Virginia and West Virginia Case Law Up


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ... the proof to establish the agency must be clear, certain and specific. A bare preponderance of the evidence, it has been held, is not sufficient; but the proof must be so clear and distinct that a fair and candid person can see, without hesitation, that the alleged authority was given." Simmons v. Kramer, 88 Va. 411, 13 S. E. 902. Nonappearance of Principal's Name.--Defendant, a nonresident, employed an agent to negotiate for him the purchase of certain lots. Agent purchased them in his own name for the defendant, on terms acquiesced in by him, including payment of $5,000 cash to be forfeited in case of default. Defendant afterwards refused to complete purchase. Held, in suit for specific performance, aided by attachment in equity, that defendant was bound. Waddill v. Sebree, 88 Va. 1012, 14 S. E. 849, 29 S. E. 766. Agent Acting for Both Parties.--A contract for the sale of land made by an agent acting for both parties in the transaction, will not be specifically enforced, unless this fraudulent conduct on the part of the agent is subsequently ratified. Wyeth v. Mahoncy, 32 Gratt. 645. A contract made and entered into by an agent in opposition to the interests of his principal, enures to the benefit of the latter, and can not be enforced by the agent in opposition to the interests of his principal, because of the well-established rule that an agent can not make himself an adverse party to his principal. Gibbons v. Jackson, 10 Leigh 364. Real Estate Agents or Brokers.--As a general rule a court of equity will not decree specific performance of a contract for the sale of land made by a real estate agent or broker, because such agent has no implied authority to bind his principal by signing a contract of sale, nor has he such authority...


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Product Details
  • ISBN-13: 9781234055318
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 620
  • Spine Width: 32 mm
  • Width: 189 mm
  • ISBN-10: 1234055317
  • Publisher Date: 13 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1089 gr


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The Encyclopedic Digest of Virginia and West Virginia Reports; Being a Complete Encyclopedia and Digest of All Virginia and West Virginia Case Law Up
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