A power of attorney to buy and sell real estate, etc., does not authorize a sale of land acquired by the grantor before he executed such power. Greve v. Coffin, 14 Minn. 345.

In one case it was held that the word "sell," in a power of attorney authorizing a party to sell or lease any and all real estate, etc., gives ample power to complete a sale by making-a deed of conveyance to the purchaser. Hemstreet v. Burdick, 90 I11. 444. Compare Bacon v. Davis (Cal. App. '08), 98 P. 71. Where the power granted to the agent is special, if, in an attempt to bind his principal, he varies from it, his act is void. Mitchell v. Sproul, 5 J. J. Marsh (Ky.), 264. An agent employed to collect rents is without authority to employ an engineer. Crozier v. Reins, 4 I11. App. 564. A power of attorney confirming all sales and leases confers power to sell land. Sullivan v. Davis, 4 Cal. 291. A power of attorney to sell one-half of a tract of land imposes discretion to determine which half. Alemany v. Daly, 36 Cal. 90.

A power of attorney to sell any or all of constituent's real estate, authorizes the sale of that acquired subsequently. Fay v. Winchester, 4 Mete. (Mass.) 513; Burkey v. Judd, 22 Minn. 287. A power to sell all land principal has not previously conveyed authorizes the sale of that which had been sold but not conveyed. Mitchell v. Maupin, 3 T. B. Mon. (Ky.), 185.

A power authorizing an agent "to grant, bargain and sell" certain lands, or any part or parcel thereof, authorizes the agent to sell on reasonable credit, to receive payment, and a payment to him was a payment to the principal, and, if circumstances rendered it favorable for the interest of his principal, he might include other valuable considerations besides money, and might sell an undivided interest in the property. Carson v. Smith, 5 Minn. 78.

In Illinois, a power of attorney not under seal will authorize the attorney to sell land, if it so provides, but not to convey it. Watson v. Sherman, 84 I11. 263, 267. A power to sell land for the purpose of settlement is not invalidated if it afterward appear that the land was bought on speculation, and there was no fraud practiced by the purchasers. Spofford v. Hobbs, 29 Me. 148. A power of attorney to secure the right and title of the principal to certain lands, to employ lawyers, etc., does not confer authority to convey half the land to the lawyers for their services and for their agreeing to provide for the expense of a suit to confirm the title and in case of success to pay the attorneys a certain sum in addition. Blum v. Robertson, 24 Cal. 128.

A power of attorney to sell land does not include power to lease or exchange it. Trudo v. Anderson, 10 Mich. 357; Lamp-kin v. Wilson, 5 Heisk. (Tenn.) 555; Reese v. Medlock, 27 Texas, 120. Nor does a power to sell land include power to mortgage it. Stronghill v. Anstey. 1 De Gex, M. & G. (Eng.) 635; Payn v. Cooper, 16 Beaven (Eng.), 396; Halderby v. Spofford, 1 Beavan (Eng.), 390; Jeffray v. Hurst, 49 Mich. 31; Contant v, Servoss, 3 Barb. (N. Y.) 128; Russell v. Russell, 36 N. Y. 581; Bloomer v. Waldron, 3 Hill (N. Y.), 361; Taylor v. Galloway, 1 Ohio, 232.

A power to do all things concerning "my real and personal estate" gives power to make leases, with privilege of purchase. De Rutte v. Muldrew, 16 Cal. 505. A power to sell in lots does not sustain the sale of a portion of the land, and a conveyance thereof was held invalid. Rice v. Tavernier, 8 Minn. 248. Under a general power to sell property the agent may bind by a contract of sale. Haydock v. Stewe, 40 N. Y. 363. A deed executed under a defective power of attorney will be treated as a contract of sale. Hersey v. Lambert, 50 Minn. 373, 52 N. W. 963. A purchaser of real estate from an agent is bound to ascertain the limits of his power to bind his principal. Milne v. Kleb,

14 A. 646, 810, 44 N. J. Eq. 378. See also Sec. 18. Where the instrument to be executed requires two witnesses, the power must have that number also. Gage v. Gage, 30 N. H. 420.

A power to purchase with particular funds invests the agent with no authority to mortgage the property to secure the purchase money, and such instrument will not bind the property. Fraser v. McPherson, 3 Desau. (S. C.) 393. Where one has made conveyances under a power of attorney, and the owner has sanctioned the sales by accepting the proceds she can not contend that the power did not authorize sales. Vaughn v. Sheridan, 50 Mich. 155. A power of attorney to sell real estate, without restriction, authorizes a sale with covenants of general warranty. Le Boy v. Beard, 8 How. (U. S.) 451; Peters v. Farnsworth, 15 Vt. 155; Venada v. Hopkins, 1 J. J. Marsh. (Ky.), 285, 293; Taggart v. Stanberry, 2 McLean (U. S.), 543. (See Sec. 418 for cases supporting the contrary doctrine.)

A power of attorney to sell real estate may limit the time within which to perform the act; where it fixes a reasonable time for doing the act, it must be done by the attorney within a reasonable time in order to bind the principal, and a proposal of sale made under such a power must be accepted within a reasonable time from the date of the power. Dyer v. Duffy, 39 W. Va. 148, 19 S. E. 540, 24 L. R. A. 339.

Where a broker's power contained no power of substitution he could not delegate his agency to another; hence, a contract of sale having been made by a sub-agent it was proper for the broker to obtain a re-execution thereof. Kilpatrick v. Wiley, 197 Mo. 123, 95 S. W. 213. A power to sell is not violated by a contract containing provisions not in it making time of the essence of the contract. Id.

Plaintiff was appointed defendant's agent to sell certain land, and he sued for damages, in lieu of commissions, alleging that the completion of the sale was prevented by defendant's failure to have the land surveyed and refusal to extend the agency, the agent made a verbal sale, not binding on the purchaser on condition that the tract on survey should contain a certain number of acres. Held, that the defendant's failure to have the land surveyed did not excuse plaintiff's failure to make a binding sale, and did not entitle him to damages when his authority to sell expressly empowered him to have the land surveyed at the owner's expense. Smith v. Tate, 82 Va. 657.

Where authority is given to two or more jointly to do an act, all must concur in doing it. Hartford Fire Ins. Co. v. Wilcox, 57 I11. 180.

An agent making a contract without authority or in excess thereof, binds himself. See Sec. 307b.