§ 36-409 — Agent; authority to subscribe

Nebraska § 36-409

• Jurisdiction: Nebraska
• Ch. 36: Fraud and Voidable Transactions

Text

Every instrument required by any of the provisions of sections 36-103 to 36-106 , 36-202 , and 36-402 to 36-409 to be subscribed by any party, may be subscribed by his agent thereunto authorized by writing.

Legislative History

Source: R.S.1866, c. 43, § 84, p. 297; R.S.1913, § 2650; C.S.1922, § 2560; C.S.1929, § 36-408; R.S.1943, § 36-409; Laws 1971, LB 15, § 2. Annotations: 1. Authority of agent to sign 2. Sufficiency of writing 3. Miscellaneous 1. Authority of agent to sign A listing of property for sale is merely an employment contract and if the parties intend that the agent shall have authority to sign a sales contract it should be expressly and clearly stated in writing. Brezina v. Hill, 195 Neb. 481, 238 N.W.2d 903 (1976). Telegram stating terms at which principal will sell is insufficient as written authority to sell land. Shelby v. Platte Valley Public Power and Irr. Dist., 134 Neb. 354, 278 N.W. 568 (1938). A sale of real property is binding upon the owner when subscribed by his agent who has been authorized in writing by the owner to enter into the contract. Seberger v. Wood, 106 Neb. 272, 183 N.W. 363 (1921). Letter stating terms at which principal will sell is insufficient. Ross v. Craven, 84 Neb. 520, 121 N.W. 451 (1909). Contract for sale of lands signed by agent for principal is void unless agent is authorized in writing. Miller v. Wehrman, 81 Neb. 388, 115 N.W. 1078 (1908); Frahm v. Metcalf, 75 Neb. 241, 106 N.W. 227 (1905); O'Shea v. Rice, 49 Neb. 893, 69 N.W. 308 (1896); Morgan v. Bergen, 3 Neb. 209 (1874). Purchaser is charged with notice of contents of writing authorizing agent to sell. Miller v. Wehrman, 81 Neb. 388, 115 N.W. 1078 (1908). Contract signed by agent for principal, not authorized, may be ratified in writing. Lutjeharms v. Smith, 76 Neb. 260, 107 N.W. 256 (1906). Where contract is executed in presence of principal, agent's authority need not be written. Bigler v. Baker, 40 Neb. 325, 58 N.W. 1026 (1894). 2. Sufficiency of writing Letter, You may go ahead and close deal, is sufficient. Furse v. Lambert, 85 Neb. 739, 124 N.W. 146 (1910). Letter to agent I still have and would sell for $3,000 cash, etc., is sufficient. Weaver v. Snively, 73 Neb. 35, 102 N.W. 77 (1905). 3. Miscellaneous Written promise to answer for debt of another is void as to person whose name is subscribed thereto by one not authorized by writing. Massachusetts Bonding & Ins. Co. v. Nichols, 117 Neb. 93, 219 N.W. 837 (1928). Contract in agent's name does not bind principal though described as agent of principal. Fowler v. McKay, 88 Neb. 387, 129 N.W. 551 (1911). Agent may contract for purchase of land for principal without written authority. Johnson v. Hayward, 74 Neb. 157, 103 N.W. 1058 (1905), aff'd on rehearing, 74 Neb. 166, 107 N.W. 384 (1905); Morrow v. Jones, 41 Neb. 867, 60 N.W. 369 (1894). A married woman may mortgage her real estate through an attorney in fact. Linton v. National Life Ins. Co., 104 F. 584 (8th Cir. 1900).