Johnston v. Wright

Citations

• 6 Cal. 373

Syllabus

<p>Id powers, covenant, releases, or other contracts, where a several interest is alone expressed or referred to, no general terms will allow the meaning to be extended to a joint interest.</p> <p>A power of attorney authorizing the attorney “to settle and adjust all partnership debts, accounts, and demands, and all other accounts and demands now subsisting, or which may hereafter subsist between me and any person or persons whatever,” and to execute releases for such purposes, does not confer a power to release a covenant of guaranty made to the principal and others jointly, for the payment of rent and purchase money of property sold by them as tenants in common.</p> <p>In such a case the debt guarantied is not a partnership debt, nor docs it fall within the provision of the power referring to demands subsisting “ between me and any other person or persons,” which is confined to demands in which the principal had a several and sole interest.</p>