Lanterna Rally

Author: William Paley

Publisher: Fred B Rothman & Company

Published: 1840

Total Pages: 202

ISBN-13: 9780837710105

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1847 Excerpt: ...of attorney be given to make livery to one, and the attorney make livery to two; or if the attorney had authority to make livery of Black-acre, and he make livery of Black-acre and White-acre, though the attorney has in these cases done more, yet there is no reason that should vitiate what he has done pursuant to his power, since what he did beyond it is a perfect nullity and void. Bac. Abr. Authority, G. Bouvier's ed. vol. 1, p. 523. It is the same, if an estate be raised created more durable in point of time than the power is limited to extend to. As where the power is to lease for ten years only, and the lease is made for twenty; this is good in equity but not at law, Roe v. Prideaux, 10 East's Rep. 158, for ten years and not for the residue." 1 Liv. Pr. & Ag. 101, 102. " It is evident that the agent has exceeded his authority, when the thing which he has done is different from that which he was authorized to do, although it may be more for his principal's advantage. As if I have given you authority to buy for me the house of Peter, at a certain price, and you have bought a better house, at the same price, or for less money; I shall not be bound by this contract." Id. 103; 2 Kent's Comm. 620.J But where a man has an authority coupled with an interest, he may do less than his authority commands. 1 Com. Dig. 645. So, a power to sell implies a power to mortgage, which is a conditional sale. Mills v. Banks, 3 P. Wms. 1,9; Ball v. Harris, 4 Myl. & Cr. 267; Haldenby v. Spafforth, 1 Beav. 394. So, a power authorizing the attorney to bargain, sell, convey Whatever would be sufficient if done by the 180 principalis sufficient to be done by his representative, though the inability which excuses the principal from doing more, does not affect ...