Harris v. Cabarrus Bank & Trust Co.

Is a letter written by the attorneys for the executors of an estate, authorizing a real estate agent to sell land belonging to the, estate, sufficient evidence of agency to bind the estate in the absence of proof of either express or implied authority conferred upon the executors to sell and convey real property?

At the outset the plaintiff knew that he was dealing with the representatives of a dead man, and consequently the law imposed upon him the duty of ascertaining the extent of the authority of the parties to dispose of tbe real estate. The power of personal representatives to contract…