Treat v. Celis

41 Cal. 202 | Cal. | 1871

By the Court, Rhodes, C. J.:

The power of attorney and the letters of the principal were not sufficient authority to the attorney in fact to bind the principal by a contract of sale of the lands in controversy. The question whether the Probate Court has jurisdiction of a proceeding to specifically enforce the performance of a contract of sale of real estate is reserved.

Judgment reversed and cause remanded.

Mr. Justice Crockett did not express an opinion.

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