Travers v. Crane

Citations

• 15 Cal. 12

Syllabus

<p>Death of the principal revokes the authority of the agent, and a deed of land made by him after such death, does not bind the representatives of the principal.</p> <p>But if the agent has a power coupled with an interest, that is, a power which conveys to the agent an interest in the property, then the execution of the power after the death of the principal, is good.</p> <p>If, on an executory contract for the purchase of land made by plaintiff with the agent during the life of the principal, money due the principal was paid, after his death, to the agent, who settled the amount with the estate, so that the estate received the benefit of the payment, plaintiff would be entitled, in equity, to call for the legal title, and could defend in ejectment by the representatives of the principal.</p> <p>Where the respondent takes no appeal—at least, where he files no transcript and assigns no errors—the judgment will not be reversed at his instance.</p>