Moss v. Berry
Texas Supreme Court
Appeal from Busk. Tried below before the Hon. A. J. Booty. Suit in trespass to try title. A statement of the evidence which was held insufficient to Warrant the verdict and judgment in this case would not make more clear the legal principles announced, and the conclusion necessary to sustain the judgment, which the evidence failed to establish, is apparent from the opinion itself. Appellee claimed under one Pearce, acting as agent, but without authority to convey title.
1Opinion of the Court
Gould, Associate Justice.
We are of opinion that the evidence shows that Pearce, in selling the land, acted under the power of attorney which has twice been before this court *633and been held insufficient. Berry v. Harnage, 39 Tex., 638, and 43 Tex., 567. The evidence of Moss is, that he gave Pearce no power other than by that instrument, and it does not appear that Pearce assumed to have, or was supposed to have, any power other than under it. We think that the evidence negatives the existence of any other power of attorney, and we think, further, that it was insufficient to show a ratification…
2Cases cited3 opinions
- Williams v. CongerTexas Supreme Court · 1878
- Harnage v. BerryTexas Supreme Court · 1875
- Berry v. HarnageTexas Supreme Court · 1873
3Cited by6 opinions
- Wooldridge v. HancockTexas Supreme Court · 1888
- Frost v. Erath Cattle Co.Texas Supreme Court · 1891
- Harris v. DefenbaughSupreme Court of Kansas · 1910
- Davis v. Texas Co.Court of Appeals of Texas · 1921
- Mitchell v. StantonCourt of Appeals of Texas · 1911
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