Week of October 22, 2007

"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)