Holmberg v. Queck

• Decision Date: 02 November 1925
• Citation: 105 So. 817,90 Fla. 437
• Parties: HOLMBERG v. QUECK.
• Court: Florida Supreme Court

105 So. 817

90 Fla. 437

HOLMBERG v. QUECK.

Florida Supreme Court, Division A.

November 2, 1925

Suit by J. L. Holmberg against Albert H. Queck for specific performance. From an order sustaining a demurrer to an amended bill of complaint, plaintiff appeals.

Affirmed.

Syllabus by the Court

SYLLABUS

Real estate agent held not to acquire authority to bind principal by signing agreement to sell land; inference of real estate agent's authority to bind principal by written agreement of sale may not be drawn without circumstances clearly indicating grant of such authority. A real estate agent or broker, in whose hands an owner places lands for sale, or who is employed to sell lands, does not thereby acquire authority to bind his principal by signing an agreement of sale of such lands. The inference that such real estate agent or broker has been endowed by his principal with authority to bind him in a written agreement of sale cannot be drawn from circumstances entirely consistent with his employment as a mere agent and broker, nor without other circumstances clearly indicating the grant of such greater authority. Rhode v. Gallat, 70 Fla. 536, 70 So. 471.

Real estate agent has no right to conclude and execute in own name formal contract biding on owner, unless he has express authority to do so. A real estate agent or broker, in whose hands an owner places lands for sale, has no right to conclude and execute in his own name a formal contract binding upon the owner, unless such power is expressly conferred upon such agent.

All persons dealing with real estate agent for purchase of land are charged with notice of terms and limitations of his authority. An agent or broker, empowered to sell land and to bind his principal by a written memorandum or contract for its sale, is a special agent, and all persons dealing with him for the purchase of such land are charged with notice of the terms and limitations of his authority as such agent to sell the same. Rhode v. Gallat, supra.

Appeal from Circuit Court, Dade County; A. J. Rose Judge.

COUNSEL

Kurtz &amp Reed, of Miami, for appellant.

Price Price & Neeley, of Miami, for appellee.

OPINION

WEST C.J.

This is a suit for the specific performance of an alleged contract to convey certain described real estate. The appeal is from an order sustaining a demurrer to an amended bill of complaint. The assignment of error is the order sustaining the demurrer and dismissing the bill.

The bill alleges that the defendant was the owner of the property described; that, acting through his agent, F. E. Hunt, who was, by the defendant, duly authorized to act in that capacity, he agreed to sell the property described to complainant for a stated sum; and that the complainant agreed with the said agent to pay the agreed purchase price therefor, and did, pursuant thereto, pay to him, on account of said purchase price, as earnest money to bind said sale, the sum of $200. Attached to the bill is a certified copy of the contract for sale, signed by the complainant, as purchaser, and by the agent of defendant, and a copy of the alleged authority of the agent to act on behalf of the defendant in making the sale, all of which is made a part of the bill. It is further alleged that the defendant refused to execute a deed to complainant in accordance with the agreement, although defendant is ready, able, and willing to complete said purchase.

The prayer is that the defendant be decreed to specifically perform said agreement, entered into in his behalf by said agent with complainant, and for general relief.

The alleged authority of the agent to act on behalf of defendant, is as follows:

'December 27, 1920.

'Mr. F. E. Hunt, Box 80, Miami, Fla.--Dear Sir: In reply to your letter of December 15, 1920, in

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