Blair v. Sheridan

Citations

• 86 Va. 527
• 10 S.E. 414
• 1889 Va. LEXIS 65

Syllabus

<p>1. Principal—Agent—Third party.—Where agent acts under special or express authority written or verbal, the party dealing with him is bound to know, at his peril, what the agent’s power is, and if agent exceeds his power, the act is void as to principal.</p> <p>2. Idem—Evidence of authority.—To make agent’s act binding on principal, party dealing with agent, must show by clear, competent, direct and satisfactory evidence the terms and authority of the agent, or a ratification of his acts by principal.</p> <p>8. Auctioneer, etc.—Custom—Real estate agent—Quxre.—If a man expressly empower another a§ his auctioneer, broker, factor or other professional agent, and privately restrict his power, a presumption of authority to . deal with the goods according to the agent’s usual course of business will arise. Quxre, whether a real estate agent falls within the category of such agents.</p> <p>4. Specific Performance— Case at bar.—The evidence here not establishing the authority of the agent to make the sale of the real estate in controversy, the specific performance prayed for cannot be decreed.</p>