Snider

This action is one of ejectment to recover possession of a house and lot. Plaintiff is the owner of the property in question and the defendants originally entered thereon under a month to month tenancy. The monthly rental was twenty dollars. This was paid until April 6, 1919. At this date defendants discontinued the payment of rent. They allege that they then entered into an agreement for the purchase of the premises for the sum of two thousand five hundred dollars, to be paid on or before May 4, 1921, and that they thereafter continued in possession under this contract, which was an oral one.

The trial court found that the plaintiff did not at any time make a contract for the sale of the premises to the defendants. The evidence showed without contradiction that whatever arrangements were made by defendants to buy were negotiated solely with Johanna Snider, the wife of plaintiff. However, defendants insist that Johanna Snider was the authorized agent of plaintiff and that, if it be held that she did not have actual authority to sell the property, she, at least, was his ostensible agent for that purpose. The trial court found to the contrary on both of these propositions.…