
    STEPHEN REMINGTON and JACOB GERLING, Plaintiffs, v. OLIVER H. PALMER, Defendant.
    
      Agent—a/wthority of.
    
    Exceptions ordered to be heard, in first instance, at General Term.
    Defendant conveyed to plaintiff’s son, real estate by deed, without personal covenants on his part. Plaintiffs complained to defendant’s agent that there was an unpaid assessment charged on the lot. Defendant being informed of it, wrote to his agent to pay it in his discretion. The agent declined to pay it, saying it was not due; that the defendant would pay it when due. In this action, brought by the purchasers against the vendor, the court were of the opinion that the authority given the agent to pay the assessment, did not authorize him to bind the defendant by a promise of future payment.
    
      J. 0. Cochrane, for the plaintiffs.
    
      W. F. Cogswell, for the defendant.
   Opinion by Gilbert, J.

Judgment ordered for defendant on the verdict.  