Kaufman's Estate

Citations

• 67 Pa. Super. 456

Syllabus

<p>■ Principal and agent — Letter of attorney — Limitations on powers of attorney — Commissions for negotiating loan.</p> <p>Where a letter of attorney by a mother to her sons gives general power over real and personal property but provides that, “nothing herein contained shall give them or either of them power and authority to sell, convey, mortgage, pledge or otherwise encumber the said property,” the sons cannot bind their mother by a contract to pay commissions to a broker for negotiating a mortgage loan on real estate. A general power at the end of the letter to act for the principal as largely as she could do if personally present, does not authorize such a contract.</p> <p>Letters of attorney are to be strictly interpreted and their authority is never extended beyond that which is given in terms or that which is necessary and proper for carrying the authority into effect. A special power must be strictly pursued and whoever deals with an agent constituted for a special purpose- deals at his peril when the agent passes the precise limits of his power.</p> <p>Contract — Commissions for procuring mortgage loan — Construction of contract.</p> <p>Where a contract to pay commissions to procure a mortgage loan which was to include an amount sufficient to pay off an existing mortgage, is conditional upon the consent of the mortgagee to accept payment of the existing loan, no recovery of commission can be had if such consent is not procured.</p>