Klaas v. Haueter

745 P.2d 870 (1987)

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Klaas v. Haueter

Washington Court of Appeals
745 P.2d 870 (1987)

  • Written by Tammy Boggs, JD

Facts

Roy and Billee Haueter (defendants), a married couple, decided to sell their apartment building. Billee had previously given power of attorney to Roy as a matter of convenience so that he could sign her name on documents. Roy was only authorized to sign Billee’s name on documents that they had discussed in advance. In October 1982, Roy executed a six-month exclusive-listing agreement with Larry Klaas (plaintiff) except as to Dennis Weybright, who could continue listing the apartment building until November 5, 1982. Billee did not sign the agreement with Klaas and had no knowledge of it until Klaas later initiated a lawsuit. Roy had not discussed the agreement with Billee. On November 29, 1982, Weybright sold the apartment building for over $250,000 and received a 6 percent commission. Klaas sued the Haueters for breach of contract, and the trial court found that Klaas was only entitled to recover damages against Roy individually. The court further found that Billee did not authorize or ratify the agreement with Klaas. Klaas appealed, arguing that the exclusive-listing agreement was binding on the community.

Rule of Law

Issue

Holding and Reasoning (McInturff, C.J.)

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