Page:Notes to Clark on contracts (IA notestoclarkonco00graviala).pdf/13

 is that an agent to make a deed must be empowered by deed. "The stream cannot rise higher than its source." So to fill a material blank left in the deed by the principal the agent must have sealed authority, for the filling of a material blank is tantamount to making a deed. Preston v. Hull, 23 Gratt. 600 (14 Am. Rep. 153). Thus in Preston v. Hull, supra, A, desiring to borrow money, and not knowing who would lend to him on his bond, drew up a bond which he signed and sealed and delivered to his agent B, the bond being perfect except that a blank was left for the name of the as yet unknown obligee; and authorized B verbally to write in as obligee the name of any person who would advance the money. C advanced the money, and B wrote in C's name, as obligee, and delivered the bond to C. In an action by C v. A on the bond, it was held not to be the bond of A, because B was not empowered under seal. See on whole subject, Stahl v. Berger, 10 S. & R. (Pa.) 170 (18 Am. Dec. 667-671). And see Cribben v. Deal, 21 Oreg. 211, denying the doctrine that an agent to make a deed must be empowered by deed.

Is Section 4 of the Statute of Frauds law in the U. S.? Clark, 64-5. Yes, in all the States. In Virginia it has been re-enacted almost in the same words, with these exceptions: (1) The doctrine of Wain v. Warlters, 5 East 10 (see Clark, pp. 86, 87, and n. 95) has been abrogated, the Virginia Statute (Code Virginia, Sec. 2840) declaring that the consideration need not be set forth or expressed in the writing, and that it may be proved (when consideration is necessary) by other evidence. (2) For the fourth promise of Sec. 4, Statute of Frauds ("or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them"), the Virginia Statute substitutes "upon any contract for the sale of real estate, or for the lease thereof for more than a year," thus avoiding the troublesome question, what is an "interest in or concerning" lands. See Anson, p. (61). The Virginia Statute incorporates the provisions of Lord Tenterden's Act, 9 Geo. 4, c. 14, Sec. 1 (1829), that no action shall be brought "to charge any person upon or by reason of a representation or assurance concerning the character, conduct, credit, ability, trade or deal-  