(Download) "Mclaren Gold Mines v. Morton" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Mclaren Gold Mines v. Morton
- Author : Supreme Court of Montana
- Release Date : January 21, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
1. Mines and minerals ? Contract held performed. Evidence held to sustain trial courts finding that plaintiff performed all of the obligations imposed upon it by virtue of the contract. 2. Principal and agent ? Definition ? Power of attorney. A power of attorney is nothing more than an instrument in writing authorizing another to act as ones agent. The person holding a power of attorney is known as an "attorney in fact" thus distinguishing him from an attorney at law. 3. Principal and agent ? Construction of powers of attorney. The rule governing the interpretation of written instruments generally governs the construction of powers of attorney. 4. Principal and agent ? Effect of intention of parties. The intention of the parties as it existed at time of granting power of attorney is to be ascertained and that intention is to be given effect. - Page 383 5. Principal and agent ? Ascertaining intention of parties. The intention of parties in granting a power of attorney is to be ascertained from the writing alone, if possible. 6. Principal and agent ? Meaning of words in writing. The words used in the granting of power of attorney are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning, unless used by the parties in a technical sense, or unless a special meaning is given to them by usage, in which case the latter must be followed. 7. Contracts ? Interpretation of technical words. Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate, unless clearly used in a different sense. 8. Principal and agent ? Writing must be taken as a whole. The whole of a writing granting a power of attorney is to be taken together, so as to give effect to every part, if reasonably practicable, with each clause helping to interpret the other. 9. Principal and agent ? Construction of power of attorney. While the powers of attorney must be strictly pursued by the agent, yet where the language permits, a power must be construed so as to carry out the purposes of the appointment. 10. Customs and usages ? Principal and agent ? Effect of ambiguous wording. Where the words used to create a principal and agent relationship are ambiguous in themselves, they are to be taken most strictly against the principal, and the agent in his dealings with a third person may bind his principal in accordance with usage or by any construction of the ambiguous words that is reasonable, for the grant of powers is not to be frittered away by very nice and metaphysical distinctions when the general tenor of the instruments is in favor of what was done under the power and when principal has reaped the benefit of it. 11. Principal and agent ? Strained interpretation of power of attorney not favored. The strained interpretation of the powers of attorney granted should never be given. 12. Principal and agent ? Neglect to disavow an act. A principal who neglects promptly to disavow an act of his agent, by which the latter has transcended his authority, makes the act his own, since principal is bound to disavow act the first moment that fact comes to his knowledge. 13. Principal and agent ? Powers of attorney gave authority to lease. Where powers of attorney expressly granted to attorney in fact the authority to sell or dispose of mining lease or otherwise transfer any and all of mine to the best advantage of principal and agent, attorney in fact was authorized to enter into a mining lease for principal and to grant an option therein to purchase mining claim.
 "Mclaren Gold Mines v. Morton" by Supreme Court of Montana # Book PDF Kindle ePub Free){kind=link}