Every instrument required to be subscribed by any party under section 38-10-108 may be subscribed by the agent of such party lawfully authorized by writing.
Source: R.S. p. 339, § 9. G.L. § 1259. G.S. § 1518. L. 1887: p. 274, § 1. R.S. 08: § 2663. C.L. § 5108. CSA: C. 71, § 9. CRS 53: § 59-1-9. C.R.S. 1963: § 59-1-9.
ANNOTATION
Law reviews. For article, "One Year Review of Agency, Partnerships and Corporations", see 40 Den. L. Ctr. J. 123 (1963). For article, "Signatures on Documents Affecting Title to Colorado Real Property — Part III", see 12 Colo. Law. 447 (1983).
Agent's written authority required for binding contract. By this section as amended in 1887, a binding contract for the sale of real estate cannot be executed by an agent, unless the agent be authorized by writing. Castner v. Richardson, 18 Colo. 496, 33 P. 163 (1893); Springer v. City Bank & Trust Co., 59 Colo. 376, 149 P. 253, 1917A Ann. Cas. 520 (1915).
A down payment on the purchase price of realty made by a prospective purchaser to one claiming to be the representative of the seller is not binding on the seller in the absence of written authority in the agent to convey. Nunnally v. Hilderman, 150 Colo. 363, 373 P.2d 940 (1962).
Agent must be given specific authority to do either the general business of his principal or the particular thing which he assumed to do. Johnson v. Lennox, 55 Colo. 125, 133 P. 744 (1913); Nunnally v. Hilderman, 150 Colo. 363, 373 P.2d 940 (1962).
Act of partner in selling real estate is binding upon the partnership and the other parties without obtaining their written consent when in the apparent scope of the partnership's business. Ball v. Carlson, 641 P.2d 303 (Colo. App. 1981).
Burden is put on plaintiff, who sues upon a contract thus executed, to show that the person who signed the contract as agent was authorized, not only to negotiate the sale, but also to conclude in writing a binding contract within the terms, conditions, and limitations expressed in the contract upon which the action is founded. Nunnally v. Hilderman, 150 Colo. 363, 373 P.2d 940 (1962).
Applied in Malone v. McCullough, 15 Colo. 460, 24 P. 1040 (1890); Rice v. Bush, 16 Colo. 484, 27 P. 720 (1891).