Implied Powers of Agent for Sale of Land

Authors

Floyd R. Mechem, University of Chicago

Abstract

What Here Included--It will be borne in mind that the question here to be considered is not in what form or in what manner authority to sell land may be conferred, e. g., whether it must be by writing or may be by word or act, but whether an authority properly created and unquestionably existing for some purpose will include this one, whether authority unquestionably relating in some form to land confers authority to sell it, and whether an authority clearly authorizing a sale of land confers authority to do some other act relating to it. So far as form is concerned, it will be recalled that parol authorization ordinarily suffices for a mere broker; usually but not universally written authority is requisite for a binding contract to sell; authority while under seal is usually requisite for the execution of instruments necessarily under seal, as usually in the case of deeds of conveyance of land.

Recommended Citation

Floyd R. Mechem, Implied Powers of Agent for Sale of Land, 10 Mich. L. Rev. 259 (1912).
Available at: https://repository.law.umich.edu/mlr/vol10/iss4/1