Bumsted v. Hoadley

Daniels, J.:

This action was brought to recover damages for the breach of a contract for the sale of sand. It was executed in the defendant’s name by James O. Watkins, under a power of attorney. The power limited the authority of the attorney to sell sand by the established grade which it appeared had been made of the property. In the contract executed by him no such restriction was made on the amount of the sand which could be taken away under it. And it was claimed that the quantity sold by its terms exceeded that which the agent had been authorized to sell. He acted under a special…