Ingraham, Corbin & May v. Edwards

Citations

• 64 Ill. 526

Syllabus

<p>1. Agency—power to execute sealed instrument—ratification. The au* thority of an agent to execute a bond, or other sealed instrument, must be of equal dignity, and under seal; and the principal can not ratify a bond executed by an agent without competent authority, except by a writing under seal.</p> <p>2. Pleading and evidence—variance. Where the pleader declares upon a “ writing obligatory,” a simple contract, or instrument not under seal, is not admissible in evidence.</p>