Rhine v. Blake, Jenkins & Boals
Rhine v. Blake, Jenkins & Boals
Opinion of the Court
Opinion by
§ 1066. Principal and agent; rule as to authority of agent under written instrument. The rule is well established that where authority is conferred upon an agent by a written instrument, the nature and extent of the authority must be ascertained from the instrument itself, and it must be followed strictly. [1 Pars. Con. 61-112; Reese v. Medlock, 27 Tex. 120.] In this case a power of attorney recited'as follows: “I hereby authorize J. A. Leonard, of Dallas, Texas, to act as agent in the leasing out and making contracts for lease, and to receive lease notes or lease moneys, and signing leases and making the necessary repairs to, and, in short, give him full authority as agent of, my two-story brick store-house,” etc. This power conferred upon Leonard no authority to receive anything but money for the rents and notes for the rents, and certainly did not authorize him to anticipate the period for a long time when the rents should become due, and discount the lease notes at a heavy or any rate of interest. It did not authorize him to receive
§ 1067. Ratification of act of agent by principal. To make a ratification of the agent’s act binding upon the principal, there must be evidence of previous knowledge on the part of the principal of all the material facts. There must be full knowledge of all the facts and circumstances. [Story on Agency, 307.]
Reversed and rendered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.