The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-12-21


Now, the contra
The later New York have already referred to-
In Missouri the view prevails In Smith Allen, So
Mo- 49, specific performance granted where the principal
the agent Il will leave the sale Of the lots pretty much
with the party, any one willing pay &C. stating
the II think willing have you make deed and
will perfect it. If you think [ better try spring
market hold till then - See also Ste,Oart Wood,
SO Mo- 252 256. In Glass Rore Mo. SIS, in reply
telegram the agent the principal Wil sell
$3.50 foot Counsel argued that there authority only
find purchaser citing the California and New Jersey
But the court held that there authority sign contract
though refused specific performance other grounds
In johnson Dodge, IT I'll. 433 the lower refused
specific performance but the Supreme Court reversed the ec
sion. See also Harding a. Pa,shaU, Sc I'll. 219.
In Jackson Badger, IS MINI. 52 the principal
You sell for s5OOO &c. The decided the
another ground but said that the letter authorized the agents
make contract
In Hopoood Corbi, So Ia 218, the principal nclosed
list of his lands and prices and eff you effect any
sales shall be glad of it. but shall put your
hands to sell absolutely. the right sell through
anybody making such offers satisfactory or
to refuse any offers that may be made; you can rely
upon it, you work purchasers the prices herein
before anybody else buys the land that your party will get
and that you will your Supreme Court
overrug the lower court granted specific performance
contract signed by the agent
In Lyon Pollock, o. S. $685. the principal wrote "I wish
you to my property you would with your IF
good opportunity offers to sell everything have would be
glad to SELF These words construed in the light of the
circumstances under which they written authority
to contract and specific performance granted. -
Thus, the authorities pretty well divided Without
dertakng to decide whether bare authority sell implies
authority to contract least gather from the
well from ordinary usage that authority sell may very
naturally in particular be intended carry it
power may be shown by slight
circumstances.
Besides the principle that the grant power includes
incidental powers necessary to make effective there another
principle that often invoked in deciding questions of this kind
1t is that IN of ambiguity uncertainty doubt grant
of should be construed strongly against the ganto
who is to blame for the ambiguity than against agent
with whom he has contracted when entered into
good faith in reliance upon construction of which
the reasonably capable though fact
intended by the ranor See Hopoood Corb supra Verv
a. Lery, 13 How. 345 Winnie q. Niagara Fire ms Co., 81
n Y 1885, Story Agency a. Benz Sales Sec 800
Now IN the light of what has been said let look
custances OF this case 1t obvious that the agent Mr. Carter
led believe that he had authority contract and that he
acted good faith this that at least he had
much ground upon which base a construction There is
much believe that Col himself intended such
construction 1t true he II SELL But as
have this intended offer sell Carter
of wish merely something himself
1t intended authority request Carter to do
something If the words expres Il wish you SELL"
perhaps this would be sufficient show without going further
that Carter had authority and be that the
merely of the words II wish SELL if this ALL at
least leave the question doubt tend show that Carter
merely to find purchaser. But this ALL Norris
stated definitely the which he willing
that here nothing left consult him about before concud
ing contract unless it the person character of the pu
chaser But he nmaed Carter that he had
ferences in that there suppose
he had for he sell his entire property question
of neghbor would not be involved might be if he
selling lots He himself referred least three different per-
Carter Carter him regard these
Jones' the would be purchaser has called upon but
hen1 the u,uhod