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

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W.S. Hein, 1982 - Law - 2574 pages
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Contents

In contract 2226
lxviii
BOOK I
1
How cases may be classified 222
2
May not employ counsel
3
No Hen except for debt due from principal
4
In general 1865
5
What constitutes an election
7
General rule
8
n in toet
585
Appointed like other agents 2390
587
Authority to sell does not authorize exchange or barter
588
Authority to execute a lease in the usual form with usual terms 832
594
Authority to bind principal for ordinary expenses In purchase 844
600
Usually must act In the name of his principal 2400
606
Authority to fix price and terms of sale 854
607
Authority to make binding contract 861
613

Other historical references
9
OF ATTORNEYS AT
10
ally 11081110
12
Relation usually a voluntary one
15
Who meant by attorney at law gl46
19
When agent only can sue 20
20
How agent compares with Independent contractor 40
25
la an officer ol the court 2147
28
Agency differs from partnership 61
33
Right to recover securities wrongfully released 3130
34
Two kinds of
38
Statutory authority not revocable at will of principal
40
Special forms of agencyProfessional and nonprofessional agents 70
43
Different kinds of brokers 2383
44
What elemenU the rule involves
47
Where the master owed the plaintiff a special duty 1931
49
In generalContracts of agency in such cases are void 82
50
Employment to carry on forbidden occupation
54
Obtaining consent of property owners 97
60
Parties may agree npon amount of compensation 2225
61
Encouragement of crimeAgreements to defend future violations 103
67
Unlawful dealing In stocks and merchandise 411112
76
Other cases involving same pnncipl 129
82
May not delegate his powers
86
AssociationsClubsSocietiesCommittees 187
89
General ruleEvery person competent to act In his own right 129
90
How when third person conspires with agent 2137
92
Drunken persons as principals 137
96
Effect of proposed rule 146
104
Has general control of conduct of suit
107
CHAPTER L
108
Wife as agent for husband1 In domestic affairs 161
115
Wife as agent for husband2 In nondomestic affairs 167
121
Same as In other cases of agency 2491
123
Corporations as agents 173
127
CHAPTER V
147
Limitations upon these rule 273
148
New York rules governing relation 2388
149
AliensAllen enemies
151
Only by the act of the principal
154
Instrument not good as deed sometimes effective as contract 218
162
No formal method required 228
168
Partnerships as agents
175
dually all must unite in appointing
183
RKSPONBmiUTY OF THE PRINCIPAL FOB THX AOENTs ST ATI ME 5TB EETBXSEFTA
185
By acts so open or notorious as to Justify Inference of acquiescence
193
What facts sufficientIllustrations 274280
196
In general 1773
201
Statutes requiring suit by real party in Interest 2n28
202
What facts not sufficientIllustrations 281284
209
Authority to bind client by admissions 2178 2179
213
Burden of proof 298
215
CHAPTER VI
221
Contracts for contingent compensation 225
225
Attorneys may not delegate personal undertaking 309
228
Fy parolTo sell or lease land
229
How much compensation broker entitled toQuantum meruit 2461
235
To pay his own debts 2512
240
Agents generally hare no such power
250
IMPLIED AUTHORITY OF FACTORS
251
State may ratify
255
Illustrations of rule permitting agent to sue 20302032
256
IlluBtrationB of ratification by acquiescence 7i7S
257
Fictitious character of the doctrine 346
260
Nature and extent of authority 1048
263
Municipal corporations 367
270
Agents authority must be first shown 1774
273
Principal must have been in existence 378
276
What contracts champertous 2251
280
Principal must have knowledge of material facts
285
New York view generally adoptedSubstitution of other shareBRe
293
APPOINTMENT AND TXBMINAT10N
306
Divisible actsInvoluntary receipt etc 415
308
The rule stated M
310
By Instrument in Writing
312
Ht Must take benefits with burdens 435
318
To compromise or compound the debt
320
Illustrations of general rule 441443
324
Duty to use reasonable care and skill 1192
326
By bringing suits based on validity of agents act 446
330
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
355
A between Principal and Agent
359
In general 502
365
Principal liable for statements and representations expressly author
368
S Other acta creating rights or duties 528
383
Statements of agent made as Incident to an authorized actRes gestae 1781
384
o The Undisclosed Principal
386
CHAPTER VIII
390
Renunciation by Agent
391
What here Included 658
399
Distinction between power to revoke and right to revokeBetween
405
Authority coupled with an obligation 579 680
412
New nomenclature needed 688
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
442
To BubagentsWhen notice must be given
448
When power of attorney recorded revocation should be recorded 636
454
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
OF THE NATURE AND EXTENT OF THE AUTHORITY IN GENERAL
493
LimitationsApparent authority cannot be limited by secret lnstruc
499
What considerations involved here
508
The province of instructions 730
516
In contractMay principal ratify and enforce unauthorised con
517
General agency not unlimited 740
524
Persons dealing with an agent must ascertain bis authority 743
527
Persons dealing with agent must act In good faith 751
533
General nature of this lien 2265
538
Facto peculiarly within agents knowledge 750 760
539
Although agent may thus sue principal may usually sue or control
544
CHAPTER IX
546
Authority to be Interpreted in light of lex loci 778
552
ByeBuxoftlme 650
554
Where authority is unwritten but Implied 787
559
Agent may recover money paid by him under mistake or Illegal con
563
When authority exists
564
Authority to give credit 8
565
How classified 1050
567
But authority to make a binding contract may be found to exist 798
570
Conditional authority 801
576
Authority to make representations as to value quantity location
583
When traveling salesmen may receive payment 870
621
May sell with warrantyWhen 2403
623
Implied authority to warrant quality 880
630
Authority to make representations concerning goods 890
636
To warrant title 2507
637
Authority to guarantee exclusive markets particular prices etc 900
642
Reasonable skill and diligence required 2410
643
Powers and limitations Incident to authority to purchase
652
Lien
655
May buy on credit when not supplied with funds 918
658
May make representations as to principals credit 924
664
To receive payment 2508
667
When Implied from making the loan or negotiating the contract 934
670
Effect of agents death on authority of substitute
675
Payment to agent of the owner of record 941
677
No authority to take checks certificates of deposit etc 949951
684
Authority to receive part payment
688
Authority to sue in his own name
694
Authority atrictly construed 975
700
OF AGENT AUTHORIZED TO MANAGE BUSINESS
706
To pledge 2509i 2510
708
Other incidental contracts 989
712
What contracts barratrous 2240
714
Implied authority to sell product of business 993
719
To extend time of payment
720
May not pledge or mortgage the property of his principal 100
724
What terms of settlement binding 10171018
730
What execution authorized 1027
737
Broker to effect loan 2467
739
No authority to loan to himself 1036
743
How authority to be exercisedAgreeing upon terms of shipment 1045
749
Authority to adjust losses 1074
776
OF THE EXECUTION OF THE AUTHORITY
779
Distinction in case of public agents
784
Or be simply Inoperative as conveyanceAgents liability
791
OF THE EXECUTION OF SIMPLE CONTRACTS
807
Effect of printed headings or titles on paper 1186
820
Negotiable paper drawn payable to an agent and Indorsed by him 1145
826
K1GHTS 01 rACTOB AGAINST THIRD PEBS0NS
828
In general 11601161
832
What rules applied 11691161
838
The true exception 1822182
840
How to be executed 1179
858
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
Effect of these statements not dependent upon their being true 1786
865
Agent authorized to purchase for his principal may not purchase
869
Broker to purchase land 2471
876
Further of this ruleIndirect attempts 1203
879
Releasing agent from dutyEnlarging it 1836
884
Agent may not take advantage of confidential Information acquired
885
Contracts of employmentWhen right to terminate existsEmploy
886
To account for proceeds
896
May not sell to or deal with himself
906
Duty of agent not to exceed his authority 1240
910
Duty to obey Instructions 2414
911
In general 152
912
To Insure property
915
orm of actionWhen agent liable in trover 1253
917
To use reasonable care and prudence 2521
922
Where the authority has been substantially pursued agent not uao
924
How affected by custom 1248
925
Same as In other cases 2679
928
When agent warrants possession of skill 1280
931
When agent liable for neglect of subagent 1288
937
Liable for loss from negligence 1299
943
Neglect in keeping the monpy 1309
949
Duty to inform principal 2582
962
Neglect of agent in making tales
963
May not allege Illegality of transaction to defeat principals claim 1332
969
EIGHTS OF BROKER AOAINST PRINCIPAL
971
Exceptions 1340
975
When liable for conversion 2583
977
When liability barred by statute of limitations 13461348
982
reimbursement
987
How far principal may follow
988
As in other cases of agencyRevocation by principal 268j
992
ttrt to SMttaaai U H M 1T06M88 V L II l
995
Agent may bind himself by collateral contract j How in case of public agent
996
o Civil Liability
998
A Assuming to act for a disclosed principal
1001
How where other party knows or agent discloses all the facts relating
1007
B Assuming to act for an undisclosed principal
1035
Definition f the Aioneer
1042
Exceptions Instruments under seal 2064
1046
Dealing with agent must have resulted In contract etc 1416
1048
Right to sue bidder 2358
1050
Agent may be Jointly liable with principal 1428
1058
Liability where principals right terminated after payment 14361438
1064
Agent liable for money received without authority and not paid over
1070
Liability of agent for trespass 1455
1076
Principals criminal liability for agents criminal or penal acts 2008
1081
Agent must have been an actor not a mere automaton V 146
1084
Not principals deed where agent appears as grantor and signer 11031104
1103
What here included
1104
Illustration 1498
1111
CHAPTER IV
1117
Performance by agent 2080
1118
Compensation dependent upon work done 1811
1123
Unauthorized agent entitled to compensation if acts are ratified 1621
1131
In cases of ordinary retainer 2248
1145
The true rules
1162
The measure of damages against the principalCompensation 2013
1164
When right ot action accrues 1563 1564
1171
Full performance of entire contract usually required
1179
Or by falling to disclose his principal
1183
How when agent mere middleman 1591
1192
Right not cut off by assignment 1698
1198
Reimburtement
1199
Agent must be Indemnified against consequences of lawful acts 160S
1204
Master responsible for his own negligence 1617
1211
master 1623
1218
7ntimV0rPen0natrepM8
1219
FnTfnT artalDB frm danerou Be of proper appliancesetc 1629
1231
Master not liable to one servant for negligence of a fellowservant 1M8_
1243
What risks within the rule 16gg
1252
ObTiousness of the risk
1258
t Contributory negligence
1266
2321
1267
Agreements to waive liability Invalid
1274
Possession must have been acquired In course of employment 1689
1280
What charges the lien secure
1282
Agent liable for price of goods may stop them in transit 1698
1286
How as to protection against Injury 1704
1292
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