What is the test for establishing a written agreement between a husband and wife?
California, United States of America
The following excerpt is from Cano v. Tyrrell, 256 Cal.App.2d 824, 64 Cal.Rptr. 522 (Cal. App. 1967):
Another line of reasoning leads to the same result. In Karl v. JeBien, 231 Cal.App.2d 769, 42 Cal.Rptr. 461, an agreement was executed by a husband, purportedly as the agent of his wife although no agency was created in writing. Thereafter an escrow was entered into and the wife executed a deed in fulfillment of the escrow requirement. The court said, at page 773, 42 Cal.Rptr. at page 463:
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