David Josiah Brewer

“ If you decide that the plaintiff's account is correct, you can return such damages as he may be entitled to. If you agree with the defendant, your finding ought to be for him.'
Obviously, the jury, under these instructions, were at liberty to find for the defendant, if they thought that in fact the plaintiff had suffered no damages by the filing for record of the letter and agreement. When the judge, speaking of ratification, uses such expressions as 'the chief question,' and 'the question is mainly,' he indicates the existence of another, though subordinate, question. ”

“ And, where the existence of a contract is a matter of doubt, equity will not, as a rule, decree specific performance, especially in a case like this, where, as appears, the property was rapidly rising in value. ”

“ Obviously, the agreement signed by Henry as agent was not within the scope of the authority given. Authority to sell for $5,000, one-half cash, is not satisfied by an agreement to sell for $5,000, $200 cash, $2,300 in three weeks, and the balance on time. Further, the agreement was not in fact for $5,000, but only $4,950; the agent calling it $5,000, and claiming only $100 as his commission, instead of $150. Whether the defendant afterwards ratified his agent's action is a matter in respect to which the testimony is, as we have stated, conflicting. ”