Halstead v. Murray
Halstead v. Murray
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1988 New Hampshire Supreme Court • Halstead sued Murray for zoning violation on his property. Settlement was made where Murray would sell property to Halstead. Halstead signs contract, then Murray refuses, wants more money for land. • Murray claims Statute of Frauds --contract for sale of land needs to be in writing. • Writing was only executed by Murray's Attorney , and there is no writing authorizing Murray's Attorney to act as Murray's agent. • Substantially all statutes of fraud require agent authorization to be in writing if represented person does not sign contract himself. • Court suggests unity theory--no need for written authorization in this case. If Murray doesn't like decision of his agent, he can sue his attorney. • Dissent: suggests floodgate of litigation against people's attorneys. Unlikely to really happen, though.
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Author: international