A treatise on the law of agency: including not only a discussion of the general subject, but also special chapters on attorneys, auctioneers, brokers and factors, Volume 1

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Callaghan, 1914 - Law - 2574 pages
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Contents

THE DUTIES AND LIABILITIES OF THE PRINCIPAL TO THIRD
lii
Massachusetts rule 422
lxv
OF THE RELATION IN GENERAL HOW CREATED
1
Other historical references
9
has been to a greater or less extent reduced to the form of a code
11
Deed naming principal as grator but signed by agent person
12
Contractual Consensual 80 31
16
Occasionally distinction Important 39
24
How sufficiently determined
638
When authority exists 908
648
Termination in pursuance of a term in the contract
657
May buy on credit when not supplied with funds 918
658
May not borrow money to pay for goods 925
664
When implied from possession of the securities 935
670
Payment to agent of the owner of record 941
677
No authority to take checks certificates of deposit etc 949951
684

How agent compares with independent contractor 40
25
Principal liable on contracts made In his name by his authority 1709
28
Agency differs from partnership 51
33
Special forms of agencyProfessional and nonprofessional agents 70
43
How these cases regarded In law 84
50
Obtaining consent of property owners 97
60
Encouragement of crimeAgreements to defend future violations 103
67
Unlawful dealing in stocks and merchandise 111112
76
Other cases involving same principles 120
82
Principal not liable where credit given exclusively to agent 1717
85
WHO MAY BE PRINCIPAL OR AGENT AND HEREIN OF JOINT PRIN
88
AssociationsClubsSocietiesCommittees 187
89
Drunken persons as principals 137
96
DissentExceptions 144
102
WHO MAY BE AGENTS
109
Wife as agent for husband1 In domestic affairs 161
115
Wife as agent for husband2 In nondomestic affairs 167
121
Corporations as agents 173
127
Inchoate corporations 193
140
CHAPTER V
147
HOW AGENT MAY BE APPOINTED AND AUTHORIZED
154
Appointment by corporations 219
162
In other Cases Authority may be conferred by Words or Conduct
168
Partnerships as agents
174
Other party as agent to sign memorandum under Statute of Frauds
180
Joint tenants and tenants in common
186
By proof of agency on other occasions 262
187
By acts so open or notorious as to justify inference of acquiescence 266
193
Limitations upon these rules 273
195
What tacts not sufficientIllustrations 281284
209
Burden of proof
215
CHAPTER VI
221
Attorneys may not delegate personal undertaking 309
228
By parolTo sell or lease land
229
When the proper conduct of the business demands it 316 317
235
Care required in making authorized appointment 323
239
Agents generally have no such power 334
250
In general 345
259
Nature and extent of authority 1048
263
Void acts cannot be ratifiedVoidable acts may be 358
265
By proof of an express authority to which this is an incident
269
General rule 365
270
Principal must have been in existence 378
276
Principal must have knowledge of material facts 393396
285
No ratification of part of an act only 410
302
WHAT AMOUNTS TO A RATIFICATION
309
Implied Ratification
314
By bringing suits based on validity of agents act 446
330
What will excuse abandonmentSicknessEpidemicPhysical vio
340
Principal must act within a reasonable time 463
341
Amount of proofLiberal interpretation of facts 480
353
illegal acts may be made legal by ratification
359
a Other Party against Principal
365
Applications of the rule 523
381
Ratification releases agent in contract cases 542
388
What here included 1049
390
Renunciation by Agent
391
When authority coupled with an Interest 679
392
By Force of Their Original Agreement
394
What here Included 558
399
Distinction between power to revoke and right to revokeBetween
405
Authority coupled with an obligation 679 680
412
New nomenclature needed 588
418
What amounts to contract for definite time 597
424
Contract for a definite time implied from circumstances 602
430
Agency terminable for agents disobedience dishonesty or other mis
436
By sealed instrument 614
442
Notice how givenWhat sufficient 634 635
452
General ruleAgent may renounce at any time 641
456
General ruleDeath of principal terminates agency 652
462
What interest not sufficientInstances 662 663
471
Effect of principals death on contract of employment
477
What evidence of insanity required 680
481
Destruction of subject matter usually terminates agency 697
489
OF THE AUTHORITY CONFERRED ITS NATURE
493
Distinction between authority and power 711
501
What considerations involved here
508
The province of instructions 730
516
General agency not unlimited 740
524
Persons dealing with agent must act in good faith 751
533
Authority of public agents must be ascertained 763
544
Power of attorney referring to several interests can not be applied
546
Effect must be given to every word and clause 776
551
Where object contemplated involved a series of acts
555
Authority carries with it every power necessary to accomplish object 789
561
Authority to give credit 816
563
How classified 1050
567
What here included 796
569
authority 800
575
What execution authorized 807 808
581
Conveyance must be for consideration moving to principal 815
587
Authority to seil does not authorize exchange or barter 817
588
Authority to execute a lease in the usual form with usual terms 832
594
Authority to receive the deed 845
600
Authority to make binding contract 861
613
Authority to receive part payment 965
688
Authority to sue in his own name 964
694
Authority strictly construed 973
700
OF AGENT AUTHORIZED TO MANAGE BUSINESS
706
Other incidental contracts 989
712
Implied authority to sell product of business 993
719
May not pledge or mortgage the property of his principal 1004
724
What terms of settlement binding 10171018
730
What execution authorized 1027
737
No authority to loan to himself 1036
743
Whose agent he is 1052
756
OF THE EXECUTION OF THE AUTHORITY
779
Whose deed is a given deedHow question determined 1101
792
Parol evidence not admissible to discharge agent 1119
806
vThe proper manner 1165
807
Notice not generally necessary when authority terminated by opera
840
Intention of the parties as expressed in the instrument the true test 1166
848
Personal liability excluded by terms of contract 1175
855
OF THE RIGHTS DUTIES AND LIABILITIES ARISING
862
THE DUTIES AND LIABILITIES OF THE AGENT TO THIRD PERSONS
863
Agent employed to settle claim may not buy and enforce It against
864
Liability for neglect of correspondence and subagents 1311
866
Agent authorized to sell exchange or lease may not become the pur
874
Agent authorized to Insure may not issue policies to himself 1204
880
After termination of agency 1210
886
Agent may not acquire rights against his principal based on his
889
Representing other principalsExclusive service 1232
903
Against whom trust enforced 1238
909
Form of actionWhen agent liable in trover 1253
917
Where the authority has been substantially pursued agent not liable
924
No presumption of disobedience 1270
927
Agent not liable for unforeseeable dangers 1284
934
Neglect of agent to effect insurance
941
Neglect to give principal notice of material facts 1307
948
Liability of attorneys 1315
955
Principals right of action against subagent 1321
962
May not allege illegality of transaction to defeat principals claim 1332
969
Exceptions 1340
975
Proof of amount dueSpecial method agreed uponConclusiveness
981
Of the agents right of setoff 1349
987
TO GIVE NOTICE TO PRINCIPAL OF MATERIAL FACTS
993
Purpose of this chapter 1354
995
Agent may bind himself by collateral contract 1427
996
Attempted distinction between misfeasance and nonfeasance 1466 1467
997
Authority to make negotiable instruments 9981000
998
A Assuming to act for a disclosed principal
1001
How where other party knows or agent discloses all the facts relating
1007
Where no principal in existenceInchoate corporationsPro
1015
B Assuming to act for an undisclosed principal
1035
ciently exclude personal liabilityLiability by custom 1412
1042
How authority to be exercisedAgreeing upon terms of shipment
1045
t Where there is no responsible princ ipal 1418
1048
Authority to make alterationsWaiverEstoppelIn general
1057
How In case of public agent 1428
1059
Authority after issuanceWaiver of forfeitures
1063
Agent liable for money mispatd though paid over if agency was
1067
Action at law by beneficiary against agent 1449
1073
Authority to adjust losses
1074
Agents liability for fraud misrepresentation or deceit 145S
1080
Agent liable for condition of premises over which he has control 1474
1093
Cases in which agent held not liable 14791481
1099
In generalClassification 1490
1105
Illustration 1498
1111
CHAPTER IV
1117
In general
1121
Compensation dependent upon work done 1511
1123
Not enough that principal be named only in body of instrument 11291132
1129
Unauthorized agent entitled to compensation If acts are ratified 1521
1131
Compensation earned when undertaking fully completed 1632
1137
Public officer of government not liable for acts of his official subordi
1138
When no principal is disclosed agent is bound notwithstanding
1139
Negotiable paper drawn payable to an agent and indorsed by him
1145
performance 1539 1540
1146
Cases holding such evidence admissible 11521156
1152
Agency Wrongfully Terminated
1153
What rules applied 11591161
1159
Duty of agent to seek other employment 1559
1165
No damages if agent acquiesces In discharge 1565
1171
Full performance of entire contract usually required 1577
1178
Or by falling to disclose his principal
1183
Effect of Agents Disloyalty upon Compensation
1187
May recover when double agency was fully known and assented to 1592
1193
Agent must be reimbursed for proper outlays 1601
1199
Right to indemnity extends to contractual obligations properly incurred 1607
1205
Master responsible for his own negligence 1617
1211
For dangerous appliances tools and machinery 1624
1219
Negligence of His General Superintendent or Other Representative
1233
Master not liable to one servant for negligence of a fellowservant 16431648
1243
Preliminary considerations as to liability 1729 1730
1246
What risks within the rule 1657
1249
Obviousness of the risk 1667
1259
Statutes Changing Common Law Rules
1270
Lien definedGeneral and particular liens 1683
1276
Claim of Hen no waiver of personal remedies 1692
1282
When piincipal liable for his compensation 1701
1290

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