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GRAHAM CAPITAL CORP. v. SIMPSON

No. 21022.

890 P.2d 335 (1995)

126 Idaho 749

GRAHAM CAPITAL CORPORATION, a Pennsylvania corporation, Plaintiff-Appellant, v. John B. SIMPSON and Rita L. Simpson, husband and wife, Defendants-Respondents.

Supreme Court of Idaho, Boise, November 1994 Term.

February 24, 1995.

Attorney(s) appearing for the Case

Kneeland, Korb, Collier & Legg, Ketchum, for appellant. Bruce J. Collier argued.

Schlender Chartered, Hailey, for respondents. E. Lee Schlender argued.

JOHNSON, Justice.

This is a real estate sale case. The primary issue presented is whether the sale agreement is unenforceable because the seller's agent did not have written authority to sign the agreement as required by I.C. § 9-505(5) prior to the signing. We conclude that the agreement is enforceable because the seller ratified it before the purchaser declined to purchase the property.

I.

THE BACKGROUND...

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