Fullerton v. McLaughlin

t. Authority op Agent—Extent. The fact that one is agent for the owner of lots, to make contracts to sell them, and has authority to insert the description in a blank left in a contract, does not give him any authority to cancel, extend, or modify the contract. 2. Same—Evidence—Admissions op Principal. Admissions ■ by the owner of lots, during negotiations for their sale, that a certain person does all his business for him, apply only to the business of selling lots, and are not admissions that the agent has authority to change or extend a contract. 3. Same—Termination op Authority. The authority of an agent to make contracts for the sale of lots pre- ■ sumptively terminates when contracts are made, and the burden is on one asserting it to show a continuance of authority. 4. Same—Evidence—Declarations op Agent. One’s authority as agent cannot be shown by his own declarations. 5. Sale op Land—Time op Essence. Time is of the essence of a contract for the sale of land, which provides that the purchaser shall pay the balance of the purchase money one year from date, and that if the same is not paid the contract shall be void.

Appeal from circuit court, Franklin county. Action by William A. Fullerton and another against William McLaughlin for specific performance of a contract to sell land. There was a judgment for defendant, dismissing the complaint, and plaintiffs appeal.