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Power of Attorney:
*** instrument in writing by which one person, as principal, appoints another as his agent and confers upon him the authority to perform certain specified acts or kinds of acts on behalf of the principal; primary purpose is to evidence agent’s authority to third parties within whom the agent deals
Power of Attorney, How Construed:
GR: strictly construed and strictly pursued; held to grant only those specified powers
Exception: when strict construction will destroy the very purpose of the power
Sale of a Piece of Land/Any Interest Therein: agent’s authority must be in writing, otherwise sale is void
Agency Couched in General Terms:
*** covers only MERE ACTS OF ADMINISTRATION even if
a. the principal should state that he withholds no power
b. the agent may execute such acts as he may consider appropriate
c. the agency should authorize a general and unlimited management
*** instrument in writing by which one person, as principal, appoints another as his agent and confers upon him the authority to perform certain specified acts or kinds of acts on behalf of the principal; primary purpose is to evidence agent’s authority to third parties within whom the agent deals
Power of Attorney, How Construed:
GR: strictly construed and strictly pursued; held to grant only those specified powers
Exception: when strict construction will destroy the very purpose of the power
Sale of a Piece of Land/Any Interest Therein: agent’s authority must be in writing, otherwise sale is void
Agency Couched in General Terms:
*** covers only MERE ACTS OF ADMINISTRATION even if
a. the principal should state that he withholds no power
b. the agent may execute such acts as he may consider appropriate
c. the agency should authorize a general and unlimited management
