Curry v. Hale

Citations

• 15 W. Va. 867
• 1879 W. Va. LEXIS 63

Syllabus

<p>1. When it is expressly or impliedly agreed that an incumbrance shall be deducted from the consideration, or paid by the purchaser, the vendor stands in the position of a surety, and is entitled to exoneration at the expense of the land.</p> <p>2. Where a person deals with an agent, it is his duty to ascertain the extent of the agency; he deals with him at his own risk; the law presumes him to know the limit of the agent’s power; and if the agent exceeds his authority, the contract will not bind the principal, but will bind the agent.</p> <p>3. But if the agent exceeds his authority, the act may be ratified by the principal; and it is not necessary that there should be any positive or direct confirmation.</p> <p>4. Where with a knowledge of the facts the principal acquiesces in the acts of the agent, under such circumstances as would make it his duty to repudiate such acts if he would avoid them, such acquiescence is a confirmation of the acts of the agent.</p> <p>5. It is not necessary that such knowledge shall be shown by positive evidence; it may be deduced, or inferred from the circumstances and facts of the case.</p> <p>6. The undivided interest of a tenant in common may be levied upon and sold under an attachment.</p> <p>7. The co-tenants of the debtor are not proper parties to a suit for such purpose.</p> <p>8. In an attachment suit in equity it is not necessary, or proper, to direct an enquiry, whether the rents and profits of the real estate will pay the debt within a reasonable time.</p>