Sinnatamby V. Johnpulle Et Al.

Present  : Lascelles C.J. and Ennis J.   1914.

SINNATAMBY v. JOHNPULLE et al.

170-D. C. Colombo, 37,092.

Power of attorney-Agent authorised to sign principal's name-Agent signing his name.

The first defendant, by his power of attorney, authorized C, " in the event of any sale, mortgage, lease, exchange, or purchase for me and in my name, and as my act and deed, to sign, execute, 4c, all deeds and other writings necessary for giving effect and validity to the same respectively, or to any contract, agreement, or promise for effecting the same."

Held, that a deed executed by C in his own name, and not by the first defendant by his attorney (C) did not bind the first defendant.

APPEAL from a judgment of the District Judge of Colombo (H. A. Loos, Esq.). The facts are set out in the judgment.

The deed in question ran as follows:-

I, John Saviel Cassie Chetty, the attorney of Emanuel Francis Jusy Johnpulle, duly appointed by Power of Attorney No.____.

(Signed) JOHN SAVIEL CASSIS CHETTY.

Bawa, K.C., for the plaintiff, appellant.-The attorney hag used such words in the agreement as show that he is acting solely as the agent of the fir

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