
    CASPAR HOFFMAN CO. v. KING.
    Brokers — Written Authority to Sell Land Does Not Authorize Brokers to Execute Contract.
    Acceptance by brokers of an. offer in writing to purchase land which they had written authority from the owner to sell did not make a contract which could be specifically ' enforced against the owner.
    Appeal from Macomb; Reid (Neil E.), J.
    Submitted October 15, 1926.
    (Docket No. 127.)
    Decided December 8, 1926.
    Bill by Caspar Hoffman Company against George A. King and another for specific performance of a land contract. From a decree dismissing the bill, plaintiff appeals.
    Affirmed.
    
      Ward N. Choate, for plaintiff.
    
      Lungerhausen, Weeks, Lungerhausen & Neale, for defendants.
   Sharpe, J.

Defendant King gave a firm of brokers a written authorization to purchase certain land for him, and in the same instrument authorized them to sell it for him at an advanced price. The purchase was made. The brokers then secured an offer in-writing from plaintiff to purchase at the advanced price and accepted it in writing as attorneys in fact for defendants. Claiming that a contract, binding upon defendants, was thereby made, plaintiff here seeks its specific performance. The acceptance of plaintiff’s offer by the brokers did not bind the defendants. Landskroener v. Henning, 221 Mich. 558.

The decree dismissing the bill is affirmed, with costs to appellees.

Bird, C. J., and Steere, Fellows, Wiest, and McDonald, JJ., concurred. Snow and Clark, J.J., did not sit. 
      
      Brokers, 9 C. J. § 28.
     