The authority to sell real estate, should properly be by power of attorney, in due form, stating that the agent is invested with authority to sell, bargain, and convey the real estate in question,15 describing it in such a way as to sufficiently identify the particular real estate meant. The time for which the appointment extends, should also be stated. Where the principal in granting such power to an agent sees fit to limit the agent to particular property, or to give the authority for a limited period only, and this is stated in the power, the agent would have no implied power to make any contract contrary to the power so stated. The better rule seems to be, although the decisions are conflicting, that a general power to sell lands, carries with it authority to insert in the conveyance the usual covenants of warranty.16 A power to sell could never imply the further power to mortgage.17 A power to sell, likewise, would not give a power to exchange.

14 Smith vs. Cleves, 59 Am. Reports, 502. 15 Rice vs. Croffman, 56 Mo., 434.

15 Vanada vs. Hopkins, 1 J. J.

Marsh (Ky.), 285. 17 Kinney vs. Matthews, 69 Mo., 520.