Moore v. Trainer

Citations

• 252 Pa. 367
• 97 A. 462
• 1916 Pa. LEXIS 622

Syllabus

<p>Contract — Lease—Option to buy — Agency—Trustees—Power— Rents.</p> <p>1. An executor or other trustee acts in a representative capacity for the benefit of the cestui que trust. Persons dealing with him are bound to know the extent of his powers and in the absence of ratification by the cestui trust the latter is not bound by the executor’s act in excess of his authority.</p> <p>2. In an action by the surviving executor of a decedent against a tenant for the recovery of rent where it appears that the will of the decedent gave the executors the “discretion to sell and dispose of all or any part of his real estate for such price or prices and upon such terms and conditions as to them may seem best,” it is within the implied power of the executor to lease the property until a sale is actually made, but the giving of an option at the expiration of the term is not an exercise of the power to sell but a surrender of it for the period of the lease and is invalid.</p> <p>3. In such case a tenant is bound to know that such option 'in the lease is invalid and if he permits the contract to remain in force he is bound by his covenant to pay rent.</p>