This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
After defendant had written several letters to her agent instructing him to sell her property for a specified price, the agent wrote her that several had declined her proposition, but that he was dealing with one who would pay a price less than.
that specified; she wired that she would sell for a sum between the specified and offered prices, if a sale could be made before a certain time; the agent sent the telegram to the third person, who replied that he would not increase his offer, asking the agent to submit it again, and nothing more; this the agent did, advising the defendant to accept the offer; but she instead of accepting, wired a third price at which she would sell; finally, upon the agent's informing her that he could do no better than the price offered, she telegraphed him that she would sell for such price, but would only pay half the commissions, and asked him to wire in case of acceptance. Held, that defendant's letters did not clearly authorize the agent to make, himself, a contract of sale binding on the principal, even on the terms given therein. Stengel v. Sergeant (N. J. Eq. '08), 68 A. 1106.
 
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