Peck v. Harriott
Peck v. Harriott
Opinion of the Court
delivered the Court’s opinion.
The plaintiffs in error, being the owners of certain lands In the counties of Erie, Crawford, Warren, and Venango, on the 17.h October, 1815, constituted one Seth Toung, their attorney, in their names to contract for sale, sell, and convey, any parts or parcels of the lands, ratifying and confirm- ' ingall that their said attorney might lawfully do in the premises. On the 29th December, in the same year, Toung, contracted to sell to the defendants, two parcels of the lands. The vendees covenanted to pay the purchase money in four annual instalments, with interest, and make settlements, and certain specified improvements on the land. The first instalment became due, on the 29th December, 1816; and in March and April, 1817, the vendees paid Toung, three hundred and seventy six dollars fifty cents. By this article the
This action was brought for the whole consideration monev, and the question submitted to the Court below, was on the validity of the payments. The Court adjudged they were valid, and on this opinion we are now called on to decide.
Every general grant, implies the grant of all things necessary to the enjoyment of the thing granted, without which, it it could not be enjoyed. Every general power necessarily implies the grant of every matter necessary to its complete execution. An attorney who has power to convey, has so essentially the power to receive the purchase money, that a voluntary conveyance, without receiving the stipulated price or security for it, would be fraudulent, and either the whole contract might be rescinded by the principal, or the vendee liable for the purchase money. The principal authority includes all mediate powers which are necessary to carry it into effect. The payment of the purchase money was an intermediate act between the articles and the conveyance. The receipt of the purchase money, is within the general scope of an authority to sell and convey, as a mediate power, as an act without which, the conveyance would be fraudulent. No words could confer a more ample authority, than is conferred by this instrument. He has power to contract for sale, and having so contracted, to convey. All the acts he performs, necessary in the premises, are ratified and confirmed.
I cannot yield to the argument, that having contracted for sale, his power ended, because the language of the power is very explicit, that he has not only power to enter into ex-ecutory contracts, but, that having entered into them, he has power to execute them by conveyances, and we must not stop at the words, contract for sale, and say, that is a distinct power, but must go on with the whole sentence, sell and convey. Articles are the first step usual in the sale of lands:
That the attorney here, did not exceed his authority in tnaking the contract, is admitted by this action calling for its execution. If he did not exceed his authority in making the contract, he had power to carry it into execution by conveyance. In order to enable him to do this, payment of the money, or security, was so necessary an incident, that without it, the act would be fraudulent. He had power to convey ; to convey without payment, would have been a fraud on the principal; to receive the purchase money, could not be a fraud.
It is not pretended, that the power was revoked; much less, that notice of the revocation before payment, was given. It is not made any part of the case, that there was any fraud on the part of the defendants.
The power of attorney, is unrestrained as to time, credit, or condition. All the authority that the principals could confer, they did. They substituted Toung\ with all their powers, to part with their title ; to convey the estate in fee ; to bind them, with covenants of general warranty. He could sell on credit, having the power to sell on credit; he could receive the money from the vendee, unless there was something in the instrument restrictive of this. It would be ra
Judgment affirmed.
Reference
- Full Case Name
- Peck and another against Harriott and another
- Cited By
- 2 cases
- Status
- Published