Learning Resources, Inc. v. Trump · ¶97
Other examples abound. A power to sell casks of whiskey did not include the “unusual and extraordinary” power to offer a warranty against future seizures of the casks, unless granted by “express authority.” Palmer v. Hatch, 46 Mo. 585, 587 (1870). Under a power of attorney, authority to enter contracts for a principal was subject to “strict interpretation” and generally did not authorize “contracts of an extraordinary character” outside those “connected with [the principal's] ordinary business.” Reynolds v. Rowley, 4 La. 396, 398–399 (1849). And a power to manage a mine did not authorize an agent to borrow money for the mine's operations on the principal's credit because there was no “express authority” for such a departure from the “usual manner” of running a mine. Hawtayne v. Bourne, 7 M. & W. 595, 599, 151 Eng. Rep. 905, 906 (Ex. 1841). This was true even “in cases of necessity,”…Read in context ›
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