Cooke

In this action the plaintiff has recovered a judgment in damages for the breach of an alleged contract for the purchase of a quantity of barley. The defendant appeals from the judgment.

The defendant is sued as an undisclosed principal in relation to a contract whereby the alleged agents in their own name made a written agreement to buy the barley. Appellant contends that the evidence is insufficient to sustain the finding that the contract was made by the defendant in this, that the evidence is insufficient to prove that the alleged agents were authorized to make the contract as agents for or on behalf of the defendant. An agreement for the sale of personal property for a price of two hundred dollars or more is invalid unless the agreement, or s'ome note or memorandum thereof, be in writing and subscribed by the party to be charged or his agent, unless the buyer accepts or receives part of such goods and chattels or pays at the time some part of the purchase money. (Civ. Code, secs. 1624, 1739.) “An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing can only be given by an instrument in writing.”…