Salfield

Plaintiffs appeal from judgment entered on demurrer to their complaint.

The action is to have declared void a certain writing purporting to be an agreement for the sale of land. The complaint avers that Gaman & Lyon pretended that they had authority from the corporation defendant to contract for the sale of its lands; that, relying upon such representations, the plaintiffs did, on the third day of April, 1888, agree with said Gaman & Lyon, as agents, to purchase certain lots owned by defendant, and entered into a contract, in writing, to that effect, which purported to be executed by the defendant, through the said pretended agents, and which was signed as follows:—

“ In witness whereof, the said party of the first part hath, by a resolution of its board of directors, duly passed, authorized its agents, Gaman & Lyon, of 330 Kearny Street, San Francisco, and Sutter City, California, to affix its name hereto, and they and the said parties of the second part have hereunto set their hands and seals the day and year first above written.

Nevertheless the corporation never authorized Gaman & Lyon, either personally or as copartners, to execute the agreement, or any agreement, for the…