[Download] "Freed Finance Company v. W. J. Preece" by Supreme Court Of Utah # Book PDF Kindle ePub Free

eBook details

Title: Freed Finance Company v. W. J. Preece
Author : Supreme Court Of Utah
Release Date : January 20, 1963
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 58 KB

Description

HENRIOD, Chief Justice. Appeal from a judgment for plaintiff in a case involving liability under an alleged written guarantee. Reversed with instructions to dismiss the complaint as to defendant Wm. V. Preece. Costs to appellant. Wm. V. and W. J. Preece, father and son, for many years were partners dealing in automobiles. In 1954, shortly before the father was to leave on a mission for the dominant church, he signed a general power of attorney authorizing his son to act in his stead. It is uncontroverted that this power of attorney, with one exception, was used only to receive and send checks to the father, or to place them in his account for the purpose of defraying the latter's expenses while on the mission, which lasted approximately two years. Only on one other occasion, about 5 1/2 years after the father's return, did the son assert any authority under the power of attorney, which for the first time occurred in the trial of this case.