Hanford v. McNair
New York Supreme Court
This was an action of covenant, tried at the Monroe circuit in March, 1830, before the Hon. Addison Gardiner 9 one of the circuit judges.
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This was an action of covenant, tried at the Monroe circuit in March, 1830, before the Hon. Addison Gardiner 9 one of the circuit judges. The plaintiff declared on a sealed contract, bearing date 25th March, 1824, whereby the plaintiff engaged to sell and deliver to the defendant, on the bank of the Genesee river, 6000 feet of oak timber and certain quantities of other timber by the 10th day of May then next; and the defendant agreed to pay at the rate of $7Oper 1000 feet for the oak timber, and certain other prices for the other timber. The plaintiff averred performance on his part, and…
1Opinion of the Court
By the Court,
Sutherland, J.
It is an insuperable objection to the plaintiff’s recovery in this action, that no competent authority from the defendant to Bush is shown to execute the covenant on which this suit is founded. An agent cannot bind his principal by deed, unless he has authority by deed so to do. The only exception to the rule that the authority to execute a deed must be by deed, is where the agent or attorney affixes the seal of the principal in his presence and by his direction. Co. Lilt. 52, a. 7 T. R. 209. 5 Mass. R. 40. Comyn’s Dig. tit. Attor. C. 1, C. 5. 4 T. R. 313. 2 Caines’…
2Cases cited1 opinion
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