Blood v. Shannon

Citations

• 29 Cal. 393

Syllabus

<p>Principal and Attorney in Pact.—One who has given to another a power of attorney to sell his real estate, may sell the same, notwithstanding the execution of the power, provided he does so before the attorney acts under the power.</p> <p>Sale by Attorney in Pact and Payment por his Services.—S. gave B. a power of attorney to sell his real estate for a sum certain in gold coin, provided he did so within fifteen days, and agreed to give ten per cent for making the sale. Two days thereafter, B. made the sale, and received a bank check for the price. S. refused to ratify the sale, because he had previously sold the property. Meld, that S. not having objected to the sale by B. because he did not receive the money, was liable for the ten per cent. Meld, further, that S. should have objected to the mode of payment before it was too late to obviate it.</p>