Ramsey

Action to enforce the specific performance of a contract whereby it is alleged defendant agreed to sell to plaintiff lot 12, Loma Vista Tract, in the city of Red-lands. Judgment went for plaintiff, from which defendant has appealed.

The complaint alleges that on July 3, 1920, D. A. Chilson was the duly authorized agent of defendant, and that as such agent he entered into a written agreement with plaintiff, a copy of which is as follows:

That said agreement was written and signed by D. A. Chilson in the presence of defendant, who represented that he was her agent and authorized to sell the property; that plaintiff accepted the same and paid defendant $100 on account of the purchase price of the property; followed by an allegation of a tender of the balance of the purchase price made by plaintiff, together with other allegations necessary in stating a cause of action for specific performance. By her answer defendant denied the execution of the contract or that D. A. Chilson was her agent or that she represented that he was authorized to act for her in selling the property or that the contract was executed by him at her request or that plaintiff paid to her any sum on account of…