Turpin v. Sansom
Turpin v. Sansom
Opinion of the Court
Admitting that the partnership agreement set forth in the statement of facts, between Turpin and Meadows, did authorize Meadows to sell any of the property, real or personal, belonging to the firm, to pay the debts of the firm, it did not authorize a sale for Confederate money; and unless this sale has been ratified expressly by Turpin since his return from the army, he is not bound by it; nor did the payment by Meadows, in Confederate money, to Hammond, the agent of Richardson, cancel that debt, without a like special ratification of the act of his agent by Richardson.
These are the only points necessary to consider in the case, and they have been too often passed upon, by this and other appellate courts, to require any reference to authorities. We think the charge of the court was calculated to mislead, and did mislead the jury, and that the verdict is not supported by the evidence.
The judgment is therefore reversed, and the cause remanded.
Reversed and remanded.
Reference
- Full Case Name
- J. P. Turpin v. R. P. Sansom and others
- Status
- Published
- Syllabus
- Plaintiff, being in 1861 joint owner with M. of certain land and other property, and being about to go off in the army, made his power of attorney to M., and thereby empowered him to sell any of the property to pay their joint debts, but the power to become void on plaintiff’s return from the army. Their joint liabilities were 'for coin. During plaintiff’s absence in the army, M. sold the land for Confederate money, which he paid over to an agent of one of their joint creditors. Plaintiff sued M.’s vendees to recover his half interest in the land. Held, that the power of attorney conferred no authority on M. to sell the property for Confederate money, and a purchaser of the land from him, for such money, acquired no title unless the sale was subsequently ratified by the plainiff. Meld, further, that unless the joint creditor had ratified his agent’s receipt of the Confederate money from M., that debt was still unextinguished by such receipt.