Karahadian

The plaintiff in this action was employed and authorized by the defendant “to sell” certain real property belonging to the defendant, and “to receive any deposit” which might be paid on account of the purchase price. Thereafter the plaintiff, as the agent of the defendant, entered into a written contract with parties known as “Kludgian brothers” to purchase the defendant’s property for the sum of fourteen thousand dollars, but upon terms slightly different from those originally proposed and authorized by the defendant. The defendant, however, in writing ratified the contract thus made by the plaintiff,' and accepted from him the sum of two hundred dollars which, simultaneously with the execution of the contract, had been paid to plaintiff by the intending purchaser on account of the purchase price. In addition to containing all of the essentials of a valid and enforceable contract óf purchase and sale, the contract in question provided that “upon a favorable report of the attorneys” for the purchaser concerning the title to the property, the parties thereto would enter into an agreement for the purchase of the property “upon the terms and conditions therein mentioned.”…