De Rutte v. Muldrow

Citations

• 16 Cal. 505

Syllabus

<p>A power of attorney, authorizing the agent to “ superintend my real and personal estate, to make contracts, to settle outstanding debts, and generally to do all things that concern my interest in any way, real or personal whatsoever, giving my said attorney full power to use my name, to release others or bind myself, as he may deem proper and expedient, hereby making the said School-craft my general attorney and agent, and by these presents ratifying whatsoever my said attorney may do by virtue of this power,” gives the agent power to execute a lease of 'real estate, containing a clause that the lessee “ shall have the privilege of purchasing any part of said land during the continuation of this lease, at its value, in preference to any other persons.’’</p> <p>Billings v. Morrow, (7 Cal. 171) as to construction of a power of attorney, commented on, and the rule there laid down not to be extended.</p> <p>Query: Whether the rule laid down in that case, that “ where the authority to perform specific acts is given in the power, and general words are also employed, such words are limited to the particular acts authorized,” embraces a power to convey real estate.</p> <p>Where a lease gives the lessee the privilege of purchasing the land during the lease, at its value, in preference to others, this privilege is as much a term of the contract, and binding on the lessor, as any other term of the instrument; and though the lessee be not bound to purchase, and the lessor’s contract may amount only to a proposition, until accepted by the lessee, yet, upon his acceptance, it becomes a valid agreement.</p> <p>A man may as well agree to sell property upon the condition that another will consent to buy, as upon any other condition, or absolutely. The agreement is no less a contract, because it merely provides for, or is in advance of another contract, than if it were incorporated in the ultimate contract; or, in other words, a man may as well bind himself to make a contract, as