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Free Books / Real Estate / American Law Of Real Estate Agency / | ![]() |
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Sec. 304. Discretion |
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This section is from the book "American Law Of Real Estate Agency", by William Slee Walker. Also available from Amazon: American law of real estate agency.
A power to sell "the one-half" of a lot of land, without specifying which, or whether an undivided one-half, empowers the attorney to sell one-half in severalty, and to exercise his own discretion as to which half. Alemany v. Daly, 36 Cal. 90. Where the plaintiff alleged an agreement whereby he was to sell certain land for enough cash to confirm the sale, meaning thereby enough to make the land good for the deferred payment, and the balance to remain on time, it is not error to overrule the defendant's objection that it is not a matter of law how much cash confirms a sale, for such a power carries with it some discretion. Taylor v. Cox (Tex. Sup. 1887), 7 S. W. 69; Smith v. Keller, 151 I11. 518. 38 N. E. 250; Bourke v. Van Keuren, 20 Colo. 95, 36 P. 882.
 
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