Ross v. Kenwood Investment Co.

Citations

• 73 Wash. 131
• 131 P. 649
• 1913 Wash. LEXIS 2156

Syllabus

<p>Attorney in Pact — Powers of Agent — Notice. The apparent authority of an attorney in fact, acting under a recorded power of attorney, is his real authority, so far as concerns persons dealing with him without actual knowledge of any limitation on his powers.</p> <p>Vendor and Purchaser — Bona Pide Purchasers — Consideration. Where a sufficient consideration is expressed upon the face of a quitclaim deed executed hy an attorney in fact, a subsequent purchaser of the property may rely thereon, where there was nothing in the records to induce an ordinarily prudent person to suspect that any of the recitals in the deed indicated fraud or want of a fair consideration.</p> <p>Principal and Agent — Authority — Power of Attorney — Construction. A general power of attorney to purchase, receive, take, bargain, sell, and convey lands, authorizes the attorney to exchange lands, especially where the land was dealt with as having a fixed and agreed value.</p> <p>Same. The rule of strict construction of powers of attorney cannot be allowed to defeat the evident intent of the principal.</p> <p>Same — Extent of Authority. The authority of an attorney in fact having the absolute power of disposition, is not lessened by provisions in a contract executed hy the attorney reserving contingent rights in the principal, and such a contract does not prevent the attorney from afterwards making an absolute conveyance of such contingent rights.</p>