Bain v. . Brown

This judgment should be affirmed on the ground stated in the opinion of FANCHER, J., at General Term. It is clearly established in the case that Brown was and had been for many years the agent of the plaintiffs' testator in the management of the property in question, and authorized to negotiate its sale. In pursuance of his authority to sell, he, on the 16th of April, 1867, contracted to sell it to one Sudlow, for $17,000, and signed the contract in the name of Bain, his principal. On the following day, April seventeenth, he advised his principal, who resided in Philadelphia, of this sale. On…