"The record establishes that Arthur represented, both orally and in writing, that he was authorized to sell the property. However, no written authorization to sell was ever produced at trial, and the only testimony on the issue was that the Tseng Brothers did not sign a written authorization. Notwithstanding the complete absence of evidence of written authorization, the trial court found that the purchase agreement was 'entered into with the express authorization and consent, both orally and in writing, of all four Defendants."
Acting Presiding Justice Orville A. Armstrong
Elias Real Estate, LLC v. Tseng (Oct. 25, 2007, B192857)
p.4
About Me
- Pamela Fasick
- I am a member of the California bar who provides research and writing services to other attorneys on a contract basis. The vast majority of my work has been in civil litigation. As a result I'm interested in new developments in a broad range of subject areas and, of course, any changes in civil procedure.
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