Horace Gray, Post v. Pearson. — Opinion of the Court
“ It is unnecessary to consider whether, if this were to be treated as a contract under seal, it could be held to be upon its face the contract of the Keets Mining Company, and not of Whitney only, or whether the oral testimony would have been admissible to charge Post; because, by the Civil Code of Dakota, 'all distinctions between sealed and unsealed instruments are abolished,' and 'any instrument within the scope of his authority, by which an agent intends to bind his principal, does bind him, if such intent is plainly inferable from the instrument itself.' Civ. ”
