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Botticello v. Stefanovicz

Supreme Court of Connecticut

411 A.2d 16 (1979)

Relevant factsFree

Mary and Walter Stefanovicz (defendants) owned a farm as tenants in common, each holding an undivided half interest; Walter typically handled business matters like the mortgage, taxes, and insurance. Botticello (plaintiff) negotiated to buy the farm with Walter; Mary said she wouldn't sell for less than $85,000, and Botticello and Walter ultimately agreed on that price, signing a lease with an option to purchase. Walter signed alone, without stating he represented Mary. Botticello took possession, paid rent, and made extensive improvements over several years. When he later tried to exercise the purchase option, Walter and Mary refused, and Botticello sued to enforce it, arguing that even without an agency relationship, Mary had ratified the agreement by accepting his rent payments and acknowledging his improvements. The trial court agreed and ordered specific performance.

IssueFree

Whether a person's acceptance of the benefits of an agreement to which she was not a party constitutes ratification of that agreement.

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