Gault Lumber Co. v. Pyles

Decision Date20 September 1907
Citation92 P. 175,19 Okla. 445,1907 OK 142
PartiesGAULT LUMBER CO. v. PYLES et al.
CourtOklahoma Supreme Court

Syllabus by the Court.

A court of equity cannot enforce the specific performance of a contract to sell real estate against several joint owners where all the joint owners were not parties to the contract.

An agent or guardian of an infant owner of real estate has no power to make an executory contract for the sale of the infant's real estate. Such a sale can only be made upon an order of the probate court and subject to the court's approval.

[Ed Note.-For cases in point, see Cent. Dig. vol. 25, Guardian and Ward, § 175.]

The written authority of an agent to sell real estate and bind the owner by an executory contract must be certain and specific as to terms and description.

A letter written by an owner of real estate to a real estate broker, placing the property in the hands of the broker for sale, will ordinarily be construed as an authority to the broker to find a purchaser, and not as an authority to sell and bind the owner.

[Ed Note.-For cases in point, see Cent. Dig. vol. 8, Brokers, § 13.]

Error from District Court, Oklahoma County; before Justice B. F Burwell.

Ejectment by William M. Pyles and others against the Gault Lumber Company. From a judgment for plaintiffs, defendant brings error. Affirmed.

This was an action in ejectment brought by the defendants in error, William M. Pyles and the minor heirs of Mrs. William M. Pyles, deceased, against the Gault Lumber Company, a corporation, to recover possession of lot 29, in block 4, in Oklahoma City. The plaintiffs alleged that they were the owners and entitled to the possession of the real estate described, and that the defendant was in possession and refused to vacate, and judgment was asked for possession and damages for detention. The defendant filed an answer, in which it admitted that the plaintiffs held the legal title to said lot, and that it was in possession of the same, but alleged that William M. Pyles authorized an agent in writing to sell said real estate for $400 cash, and that it purchased said lot from said agent and paid the sum of $50 upon the purchase price and went into possession of said property and had made valuable and lasting improvements thereon, and it offered to pay the balance of the purchase money, $350, and demanded specific performance of said contract of purchase. The plaintiffs replied by general denial. The cause was tried to a jury. Upon the trial the plaintiffs introduced proof of their title and the possession by the defendant and rested. The defendant then showed that Pyles had written a letter to the agent from whom it purchased the property, in which he stated "that he would take $400 for the lot," and told him "that he might sell it." This letter was lost, and it does not appear that any effort was made to have Pyles produce a copy or to admit its contents. The agent made an oral agreement with W. D. Gault, manager of the lumber company, to sell the lot to the company for $400, and Gault agreed to take it. He paid the agent $50, and agreed to pay the balance of $350 when the deed was delivered. The sale was reported by the agent to Pyles, who at the time was residing in Indian Territory, and he sent a deed to the agent executed by him, and conveying the lot to the Gault Lumber Company. Mr. Gault took the deed to his attorney, who examined it, and after which Gault returned it to the agent and refused to accept it because it was not executed by or on behalf of the minor heirs who owned an undivided interest in the real estate. Pyles at the time had no authority to sell the real estate of the minor heirs. Proceedings were begun in the probate court of Oklahoma county for the purpose of obtaining an order of that court for the sale of the interest of the minor heirs, but no such order was ever made. After Gault had rejected the Pyles deed and knew of the defect in the title, and that the minor heirs had not, through any authorized proceeding, agreed to the sale of the lot, the lumber company moved its business onto the lot and put about 200 loads of dirt on the lot to fill it up for business purposes. After this had been done, Pyles called upon the agent and procured the rejected deed. He refused to accept the $50 held by the agent, and joined with the infant owners in...

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