Morrow v. Higgins
Supreme Court of Alabama
ÁPPEAL'from the Chancery Court of Lowndes. Heard before the Hon. Wade Keyes. The bill in this case was filed by Abram Morrow against Eldridge Higgins, and alleged that said defendant and Bichard C. Watson, on the 30th November, 1846, were the joint owners of a tract of land, containing about 200 acres; that on that day Higgins wrote and sent a letter to Watson, authorizing him to sell the land ; that Bichards exhibited this letter to complainant on the 14th May, 1847, and…
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ÁPPEAL'from the Chancery Court of Lowndes. Heard before the Hon. Wade Keyes. The bill in this case was filed by Abram Morrow against Eldridge Higgins, and alleged that said defendant and Bichard C. Watson, on the 30th November, 1846, were the joint owners of a tract of land, containing about 200 acres; that on that day Higgins wrote and sent a letter to Watson, authorizing him to sell the land ; that Bichards exhibited this letter to complainant on the 14th May, 1847, and proposed to sell him said land; that complainant, relying on the authority conferred by this letter, purchased the land,…
1Opinion of the CourtWalker, J.
The letter exhibited with complainant’s bill, and made a part of it, was a clear authority to sell the land. — Wilson v. Troup, J Johns. Ch. 25; 16 Ala. 581.
“ It may be asserted, as a general rule, that in all cases, where an agent has contracted within the sphere of his agency, and the principalis not by the form of the contract bound at law, a court of equity will enforce it against the principal upon principles ex aequo et bono.”— Story on Agency, 209, § 162. Although the deed executed by the agent in this case may be ineffectual as a conveyance of the legal title, because the authority of…
2Cases cited3 opinions
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Cocke v. Campbell & SmithSupreme Court of Alabama · 1848
3Cited by3 opinions
- Byrne v. MarshallSupreme Court of Alabama · 1870
- Lobdell v. MasonMississippi Supreme Court · 1894
- Gilmer v. FelhourMississippi Supreme Court · 1871