15 Vt. 155 | Vt. | 1843
The opinion of the court was delivered by
Exceptions were taken to the decision of the county court, by both plaintiff and defendant. The exception taken by the plaintiff is, to the rule of damages laid down by the court. Those taken by the defendant involve the inquiry, whether the plaintiff can maintain any action against the defendant, on the facts appearing in the case; and this depends on the construction to be given to the letter of attorney from Cadwallader and Astley to the defendant, for if that letter of attorney authorized him to execute the conveyance to the plaintiff, with the covenant of warranty, the suit of the plaintiff fails.
In certain sales of personal property, the agent who is empowered to sell, is authorized to give a warranty of the soundness of the article sold, on the ground, as was said by Lord Ellenborough, Alexander v. Gibson, 2 Camp. 555, that, as it is now usual, on the sale of horses, to require a
In the case before us, the letter of attorney to the defendant authorized him to do all that was necessary in relation to certain tracts of land in Bakersfield and Fairfax to obtain possession, and to “ sell for the best prices, either by public ‘ auction or private contract, as he might think most advan- ‘ tageous. And, upon sale thereof, or any part thereof, and ‘ on receipt of the money, arising from such sale or sales, to ‘ give sufficient releases, acquittances and discharges for the ‘ same, and to sign, seal^ssfas^ffeatef^dl or any such con- ‘ tracts, agreements, anees, and to ‘ do and perform all sue® acts and things ¡Mr perfecting such ‘ sale or sales thereof, as shall be re- ‘ quisite and necessary m that behalf.” Fracler this letter of attorney he was bound ra^rüal&BGis^Stócts, as would be most advantageous to his^^mdnals.^ai»#to obtain the best prices, and was authorized to male such contracts or agreements — which, if under seal, would be covenants — as were requisite; and could bind his principals thereby. He could bind them to make a good title by warranty deed, or otherwise. The authority was plenary to bind the principals by a contract, covenant or agreement, to secure the title to the purchaser, and he could execute a deed, conveyance, or assurance, with such covenants as were necessary to procure the best prices and the most advantageous terms of sale. We think, therefore, that, under this letter of attorney, he was fully authorized to execute the deed to the plaintiff with the covenants therein contained, and by such covenants Cadwallader and Astley were obligated to assure the title, and the defendant did not exceed his authority and was not liable in this action.
The judgment of the county court is reversed.