Gregg

Appeal from a judgment for the defendants, and from an order denying the plaintiff’s motion for a new trial. The suit is brought for specific performance of a contract for the sale of real estate alleged to have been made by the defendants, or for damages, in case performance cannot be had.

The contract sued on is signed by the defendant Lewis only; but it is alleged that he was authorized in writing by the other defendants to sign it on their behalf. It is in the words and figures following:

At the time of the making of this document the legal title to the land was vested in Crenshaw and the equitable title in Carey, under a contract of sale subject to certain building restrictions and other conditions; and it is found that Lewis was not authorized in writing, or otherwise, by the other defendants to execute the instrument sued on. It appears from the evidence, however, that upon application to Carey by the plaintiff’s attorney on her behalf, he was informed by Carey that Lewis was authorized by him to sell the lot, and the attorney was directed “to see defendant Lewis in the matter.” This,' it is claimed by the appellant, under authorities cited, was a ratification of Lewis’…