Riley v. Minor
Supreme Court of Missouri
Appeal from Buchanan Cowl of Common Pleas. This was an action for the possession of land. The defendant claims to be the owner of the land, and justly entitled to the possession thereof by virtue of a purchase from plaintiff through one Cleek, his agent.
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Appeal from Buchanan Cowl of Common Pleas. This was an action for the possession of land. The defendant claims to be the owner of the land, and justly entitled to the possession thereof by virtue of a purchase from plaintiff through one Cleek, his agent. It is alleged that plaintiff gave Cleek a power of attorney, which it was erroneously supposed gave him authority to convey land, it being the verbal understanding of the parties that he was authorized to sell and convey plaintiff’s lands. I. The court erred in excluding the bond given by Cleek, the agent of plaintiff. Plaintiff gave Cleek…
1Opinion of the CourtEwing, Judge
The question presented by the bill of exceptions is the refusal of the court to permit the instrument of writing executed by Cleek to be read in evidence. It is not pretended by the appellant’s counsel that the power of attorney from the respondent to Jacob Cleek read in evidence contains any semblance of authority to sell real estate; and unless the evidence of the witness Cleek discloses a verbal authority for this purpose, the instrument was properly excluded. It is well settled that to make a valid executory contract for the sale of lands it is not necessary that the agent’s authority…
2Cited by5 opinions
- Beheret v. MyersSupreme Court of Missouri · 1912
- Kemper Mill & Elevator Co. v. HinesSupreme Court of Missouri · 1922
- Hay v. LewisWisconsin Supreme Court · 1876
- Tracy v. BerridgeMissouri Court of Appeals · 1914
- Stadleman v. FitzgeraldNebraska Supreme Court · 1883