California Supreme Court, 1871

Treat v. Celis

Treat v. Celis
California Supreme Court · Decided July 1, 1871 · Rhodes
41 Cal. 202

Counsel

James H. Lander, and M. G. Cobb, for Appellants., Pringle & Pringle, for Respondents.

Treat v. Celis

Opinion of the Court

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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