The power of attorney, if not sufficient to authorize a sale of lands, was yet the constitution of an agency to which the subsequent letters supplied the necessary power. Those letters were exhibited to the petitioners and relied on by them in making their contract. They were sufficient to empower the agent to make a contract ofsale. The powers given were ample for that purpose (McNeil v. Shirley, 33 Cal. 202.) The father gives to his son every power except that of making the deed. He withholds that only to insure his compliance with the instructions given. The acts of the son, within those instructions, are certainly binding upon the father. " As regards the bill of sale, you can give a provisional obligation while the deed comes, that we may return it, signed by himself and your mother." " Sell property, and the sale will be approved."
JUDGES: Rhodes, C.J. Mr. Justice Crockett did not express an opinion.
OPINION
RHODES, Judge
The power of attorney and the letters of the principal were not sufficient authority to the attorney in fact to bind the principal by a contract of sale of the lands in controversy. The question whether the Probate Court has jurisdiction of a proceeding to specifically enforce the performance of a contract of sale of real estate is reserved.
Judgment reversed and cause remanded.