A Treatment of the Fundamental Principles of the Law of Contract; With Digests of Cases Contained in Keener's and Williston's Casebooks

Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 Excerpt: ...a sealed instrument for a man unless the appointment, the power of attorney, is of as high a form as the instrument itself. It would abrogate all the rules about sealed instruments if an agent appointed by parol could do everything which a man himself could 4 in the way of filling in blanks. You would lose ...
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Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 Excerpt: ...a sealed instrument for a man unless the appointment, the power of attorney, is of as high a form as the instrument itself. It would abrogate all the rules about sealed instruments if an agent appointed by parol could do everything which a man himself could 4 in the way of filling in blanks. You would lose every solemnity which is-the only thing there is to a sealed instrument. Now the difficulties experienced as between the agent filling in and executing it where he does it in the principal's presence and somewhere else, are based upon justifiable grounds which rest upon the proposition that just as a man may hold the obligor's hand to guide his hand when he is signing it, or put his seal on when he seals it, so he may fill in blanks in his presence; but that is not a matter of agency or the sealing of the bond if you please, that is a matter of doing the physical work, the drafting of the instrument, or part of it. Now in such a case as Hudson v Revett, where after the original execution of and delivery of the instrument a material point is filled in, a redelivery alone is of no importance. The instrument when it was executed was nothing (this is assuming a material point was omitted). Of course the redelivery in that case is of an instrument which is nothing and cannot be made something by a delivery; it is a delivery of an invalid piece of paper. If an instrument is signed and sealed by the obligor on the 1st of the month and the material parts filled in on the 15th and then delivered, you have this situation, that when the obligor signed and sealed it, it was nothing in law, for the material blanks are blank; if the material blanks are filled in afterwards, that does not make it something in law; an execution, that is, a signing and sealing and a deliv...
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Product Details

  • ISBN-13: 9781150538032
  • Publisher: General Books LLC
  • Publication date: 5/28/2012
  • Pages: 142
  • Product dimensions: 7.44 (w) x 9.69 (h) x 0.30 (d)

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