Blum v. Robertson

Citations

• 24 Cal. 127

Syllabus

<p>Attorney in Fact.—When ono is appointed, by written instrument, the attorney in fact of another, his power to bind the principal must be ascertained alone from the language of the instrument by which ho is clothed with authority to act for and in the name of the principal.</p> <p>Same—His Power.—The agent cannot, in the exercise of the power delegated, bind the principal by any act beyond the power, or beside it, though it is competent for him to perform such subordinate acts as are usually incident to or necessary to effectuate the object expressed.</p> <p>One Dealing with Attorney in Pact.—The party dealing with an attorney in fact is bound to know at his peril what the power of the agent is, and to understand its legal effect.</p> <p>Construction of Power of Attorney.—V., the owner of an unconfirmed Mexican grant, executed to B. a power of attorney, which, after reciting the appointment, read as follows : “ I give him full, complete, and perfect power, as my said attorney in fact, to do any and everything to secure my title to said rancho, and to prosecute the pretension of the same in all the Courts of the United States ; and by this I ratify, confirm, and approve all the doings of my said attorney in fact concerning said rancho.” Held, that the power did not confer on the agent any authority to sell the land, or any part of it, or enter into any contract which would bind the principal to convey the same or any part thereof.</p> <p>When Equitable Title must be Pleaded, and how.—If the defendant, in an action of ejectment, relics on an equitable title to the demanded premises as a defence, it must be pleaded, and the answer setting it up must, in substance at least, possess all the elements and essential qualities of a bill in equity, and the equity presented must be of such a character that it may be ripened by the decree of the Court into a legal title to the premises, or such as will estop the plaintiff from the prosecution of the action.</p> <p>Parol Agree