Cases On Principal And Agent Selected From Decisions of English And American C

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Cases On Principal And Agent Selected From Decisions of English And American C
Edwin C Edwin Charles Goddard
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This would not, of course, justify a de- parture from the Instructions, prescribed by the principal in the power. Etice v. Tavernier, 8 . Minn. 248 (Gil. 214), 83 Am. Dec. 778 (1863); Smith v. Allen, 86 Mo. 178 (1885). It is sometimes held that to justify the agent in execut- ing a warranty deed, he must have broader power (ban a naked power to sell, m v. Coffin, 118 Mass. 156 (1875); id.. 108 -Mass. 175, 11 Am. Iter. 335 (1871). See, also, the leading case of Le Roy v. Beard, 8 How. 451, 12 L.... Ed. 11. -1 (1850).
As to the effect of a warranty deed, given under authority to execute a quitclaim deed, see Robinson v. Lowe. 50 W. Va. 75, 40 S. E. 454 (1901); Kane v. Sholars, 41 Tex. Civ. App. 154, 90 8. W. 937 (1005).
»5 l'art of the opinion is omitted.
Ch. 1) NATURE AND EXTENT 409 See Peck et al. V. Harriott et al. , 6 Serg. & R. 146, 9 Am. Dec. 415. On the other hand a verbal or parol authority to sell would mean simply an authority to contract to sell the land ; for no verbal or parol authority could be given to make a perfected sale, that is, a convey- ance.


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