Riley v. Grant

• Decision Date: 07 April 1903
• Citation: 94 N.W. 427,16 S.D. 553
• Parties: J. D. RILEY, Plaintiff and respondent, v. P. B. GRANT Defendant, and Robert Schull, Defendant and appellant.
• Court: South Dakota Supreme Court

16 S.D. 553

94 N.W. 427

J. D. RILEY, Plaintiff and respondent, v. P. B. GRANT

Defendant,

and Robert Schull,

Defendant and appellant.

South Dakota Supreme Court

Appeal from Circuit Court, Codington County, SD

Hon. Julian Bennett, Judge

Reversed

C. X. Seward, S. B. Van Buskirk

Attorneys for appellant.

John B. Hanten

Attorneys for respondent.

Opinion filed April 7, 1903

FULLER, J.

In this action to enforce specific performance of a contract to convey real property plaintiff had judgment, and the defendant Schull appeals.

The authority of J. E. Wess to bind the defendant Grant by a contract of sale executed and delivered to respondent on the 17th day of May, 1899, depends upon the force and effect of certain letters offered and received in evidence. O. E. Dewey, through whom appellant, Schull, purchased the premises, was, and for more than six years prior thereto had been, the duly authorized agent of Grant for the sale of the premises, and this contention is between respondent, whose contract was signed by Wess, on behalf of Grant, and appellant, who obtained his deed from Grant on the 26th day of June, 1899, pursuant to his prior negotiations with Dewey. It appears from the record that the following letter was written at Watertown, S. D., by Wess, and addressed to Grant at Watertown, N. Y., as early as the 15th day of November, 1898:

“I am sorry I could not attend to your other farm. About the time you wrote to me we were threshing, and a few days afterwards had a snowstorm. The land was covered for a week. Dewey is round more, will be more able to sell it for you.”

No further correspondence is show to have taken place between the parties until the 22d day of March, 1899, when Wess wrote Grant asking for the present price of the land, and stated, in substance, that he could find a tenant for the premises, and that it was a good time to sell it if he wished to do so. To this letter, which related to two separate and distinct farms, Wess received the following answer:

“Watertown, N. Y.

March 27, 1899

John Wess

Watertown, South Dakota

Sir:

Yours of March 22nd came to hand to day in reply would say that I think I will sell the 240 acres at 3200, three thousand two hundred; if sold at that price I don’t get much for the land as the buildings and improvements costs me so much. I don’t need all cash but I want enough so I know it is sold. The other 160 near Markleys about one thousand, 1000 dollars. O. E. Dewey claimed he could sell it last fall but has not sold it yet; if you can sell it or rent it let me know as soon as possible; will do what is right for your trouble.

Yours Resp

P. B. Grant.”

Without further instructions or authority, Wess executed the contract here relied upon, and the next day wrote Mr. Grant as follows:

“Dear Sir:

After I sent my letter yesterday I sold your farm near Markleys old place the southwest quarter Section 22 R. 116-52 nine hundred and fifty dollars if you call that sold send on your papers to me you will have to furnish the Abstract and clear title.”

Responding to the foregoing letter, under date of May 22d, 1899, Mr. Grant wrote the following letter:

“J. E. Wess

Watertown, S D.

Sir: I have just received your letter about selling the farm for 950. I thought I gave you the price of 1000 and was to give you a certain sum; I think I told you I had left it in O. E. Dewey’s hands to sell last fall or early this spring; he was to sell it and give me a certain sun I think you sold it for enough so yon and him will get profit enough I have written to Dewey that you have sold the place and you say he wants a clear title that is taxes paid last year I got a Sheriff’s Deed I think you had better see Dewey if he is there and see what the taxes are and have him make out a deed and send it to me to sign.”

On the 5th day of June...