Corbett

Appellant urges that the Servel-Vette contract was void because Warren was not authorized in writing to execute the contract for Servel, and because the contract was not signed by Servel’s wife. Section 7976, Idaho Statutes, provides that an agreement for sale of real property, if made by an agent of the party sought to be charged, is invalid, unless authority of the agent is in writing subscribed by the principal. Section 4666, Idaho Statutes, gives the husband the management and control of community property except in matters not hero material, but provides that he cannot sell, convey, or incumber the community real estate, unless the wife join in execution of the instrument by which the real estate is sold, conveyed, or incumbered. In our opinion, however, whether the contract was originally of no effect because not made in compliance with section 7976, or was for the sale of community property, is of little importance, for the reason that Servel ratified and approved it, and it was performed by Vette. When Healy took the mortgage from Servel and wife and the assignment of the $21,000, he knew of the existence of the Sorvel-Vetto contract, and agreed that his mortgage was to…