Abbott

On September 20, 1926, J. A. Floyd executed a written authority to appellant to act as broker in the sale of a twenty-acre orange grove in San Bernardino County, upon which he and his wife lived. Appellant took several prospective purchasers to the property and on September 17, 1926, informed Mr. Floyd that he had an offer of purchase from J. D. Whitted and Ruth Esther Whitted, his wife, and tendered a certified check for $1,000 to apply on the purchase price. The written offer bore the signature “ J. D. Whitted by H. S. Abbott, his attorney in fact”. Some question was raised as to the authority of Abbott to sign the offer. He admitted that he had no written authority from Whitted. The certified check which he offered as a deposit on the purchase price was his own. Mr. Floyd informed him that he could not discuss the sale with him until on or after September 19th.

On September 18th appellant went to the city of Bakersfield, where he secured a general power of attorney from Whitted and his wife and had them attach their signatures to the written offer of purchase. On September 19th he returned to the house of Mr. Floyd and tendered the offer of purchase, together with the…