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

Floyd Russell Mechem

Callaghan, 1914 - Agency (Law). - 2574 pages

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Title Page

Table of Contents

Index

In general 1855	1

Can not delegate his powers 2164 2165	3

How question decidedCourt or jury 1982	4

Master not liable for negligence not in course of employment 1898	9

OF ATTORNEYS AT	10

The more important of these statutory provisions will be found col	11

How agent compares with independent contractor	12

In general 19261929	15

When authority exists 908	648

Lien	655

May buy on credit when not supplied with funds 918	658

May not borrow money to pay for goods 925	664

To receive payment 2508	667

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

Who meant by attorney at law 2144	19

Distinction often immaterialTendency to ignore	23

Principal liable on contracts made in his name by his authority 1709	28

Right to recover securities wrongfully released 2130	34

Nonconfidential communications 2305	36

Two kinds of lien 2263	38

Uses of these distinctions	41

Agent may sue when principal has clothed him with title or authority	43

Different kinds of brokers 2363	44

CHAPTER III	47

Special classes of cases 1930	48

What elements the rule involves 85	50

Obtaining consent of property owners 97	60

Parties may agree upon amount of compensation 2233	61

Encouragement of crimeAgreements to defend future violations 103	67

What evidence sufficient 2155	71

Unlawful dealing in stocks and merchandise 111 112	78

Other cases involving same principles 120	84

Contracts for contingent compensation 2236	85

Principal not liable where credit given exclusively to agent 1717	87

Acting for both parties 2398	88

Women 159	90

Purpose of this chapter 127	91

Drunken persons as principals 137	98

Relation of attorney and client must exist 2308	99

Married woman as principalNot at common lawNow generally	106

Has general control of conduct of suit 2160	107

Of the second exceptionElection 1750	112

Parent as agent of child 157	113

Wife as agent for husband2 In nondomestic affairs 167	121

Same as in other cases of agency 2491	123

Corporations as agents 173	127

Inchoate corporations 193	140

CHAPTER V	147

New York rules governing relation 2386	149

Two persons involved here 209	154

Appointment by corporations 219	162

In other Cases Authority may be conferred by Words or Conduct	168

Repudiation of unauthorized contract by other party 2083	170

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

After discovery of principal 1756	203

What facts not sufficientIllustrations 281284	209

Authority to bind client by admissions 2178 2179	213

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

Ratification of unauthorized employment 322	239

To pay his own debts 2512	240

Same as other agents 2500	245

OF AUTHORITY OF AN AGENT TO EMPLOY AGENTS SERVANTS AND OTHERS	249

IMPLIED AUTHORITY OF FACTORS	251

CHAPTER VII	255

Massachusetts rule 2388	256

Illustrations of ratification by acquiescence 472474	257

Ratification not a form of authorization 348	261

Nature and extent of authority 1048	263

General rule 365	270

Principal must have been in existence 378	276

Agent may sue on contract made with him personally	281

Principal must have knowledge of material facts 393396	285

New York view generally adoptedSubstitution of other sharesRe	293

No ratification of part of an act only 410	302

Intermediate party must have been agent and not principal 1763	306

WHAT AMOUNTS TO A RATIFICATION	309

Implied Ratification	314

To compromise or compound the debt 2515	320

Duty to use reasonable care and skill 2192	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

Ratification irrevocablechanging repudiation to ratification 489	359

In general 502	365

Other acts creating rights or duties 528	383

CHAPTER VIII	390

Renunciation by Agent	391

When authority coupled with an interest 679	392

Where object contemplated involved a series of acts 555	397

What here included 558	399

Statements of agent made as incident to an authorized actRes gestae 1781	404

Distinction between power to revoke and right to revokeBetween	405

Authority coupled with an obligation 579 580	412

New nomenclature needed 588	418

Notice of termination 2316	423

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

Appointed like other agents 2390	446

Notice how givenWhat sufficient 634 635	452

Agents abandonment may be justified by principals misconduct 648	460

What interest not sufficientInstances 662 663	471

Effect of principals death on contract of employment 668	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

In general 2105 2106	517

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

Authority does not necessarily continue until object accomplished	556

Power construed to apply only to principals private business 783	557

CHAPTER III	563

Setoff	564

Not merely a question of time or place 1880	565

How classified 1050	567

What here included 796	569

authority 800	575

What execution authorized 807 808	581

Usual and necessary authority 2395	583

Conveyance must be for consideration moving to principal 815	587

What execution authorized 831	593

IN TORT	595

Authority to agree upon terms 843	599

Usually must act in the name of his principal 2400	606

Of the Auctioneer	610

Authority to make binding contract 861	613

To sell in his own name 2505	618

Agent to sell merely or to solicit orders without possession of goods	620

May sell with warrantyWhen 2403	623

None To rescind or alter sale 2329	630

Authority to give warranties which the law would imply 883	632

When power of attorney recorded revocation should be recorded	636

To warrant title 2507	637

No implied authority to give credit 893	638

Reasonable skill and diligence required 2410	643

Alterations of contract 904 905	644

Authority to receive part payment 955	688

Authority to sue in his own name 964	694

Authority strictly construed 973	700

OF AGENT AUTHORIZED TO MANAGE BUSINESS	706

When principal bound by agents representation of extrinsic facts upon	707

To pledge 2509 2510	708

Other incidental contracts 989	712

What contracts barratrous 2240	714

Implied authority to sell product of business 995	719

To extend time of payment 2518	720

May not pledge or mortgage the property of his principal 1004	724

What terms of settlement binding 1017 1018	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

Illustrations Bills of lading	751

May sue for price of goods sold 2568 2569	755

Whose agent he is 1052	756

In general	761

Knowledge of agent imputed to principal 1066	769

Authority to adjust losses 1074	776

CHAPTER I	779

Rules may differ with class of instrument	785

Whose deed is a given deedHow question determined	792

Whether necessary that deed should purport to be executed by	803

General rule as to form 1123	809

When no principal is disclosed agent is bound notwithstanding	823

The Admissibility of Parol Evidence to show Intent	830

What evidence admissible 2246	832

Cases holding such evidence not admissible 1157 1158	836

Notice not generally necessary when authority terminated by opera	840

The true rules 1162	842

The proper manner 1165	847

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

Effect of these statements not dependent upon their being true 1786	865

Liability for neglect of correspondence and subagents 1311	866

May not deal in business of his agency for his own benefit 1191	869

Broker to purchase land 2471	876

Further of this ruleIndirect attempts 1203	879

RIGHTS OF PRINCIPAL AGAINST THIRD PERSONS	884

Agent may not take advantage of confidential information acquired	885

Agent may not acquire rights against his principal based on his	889

To take care of goods 2337	893

Representing other principalsExclusive service 1232	903

Right to follow property 2576 2577	906

Against whom trust enforced 1238	909

Duty to obey instructions 2414	911

Authority to make and sign necessary memorandum 2396	912

To insure property 2521	915

Form of actionWhen agent liable in trover 1253	917

To use reasonable care and prudence 2523	922

Where the authority has been substantially pursued agent not liable	924

How affected by custom 1268	925

Same as in other cases 2579	928

When agent warrants possession of skill 1280	931

Effect of ratification upon the agents liability 1290	937

Instructions to sell for cash 2530	941

Liable for loss from negligence 1299	943

Neglect in keeping the money 1309	949

Liability of attorneys 1315	955

General nature of this lien 2264	960

Principals right of action against subagent 1321	962

To fix terms of sale 2322	966

May not allege illegality of transaction to defeat principals claim 1332	969

Exceptions 1340	975

When liable for conversion 2583	977

Auctioneers lien 2351	978

Proof of amount dueSpecial method agreed uponConclusiveness	981

Of the agents right of setoff 1349	987

As in other cases of agencyRevocation by principal 2585	992

TO GIVE NOTICE TO PRINCIPAL OF MATERIAL FACTS	993

Purpose of this chapter 1354	995

Liability for money received 2225	996

a 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

Where no principal in existenceInchoate corporationsPro	1015

The first exceptionPrivileged communications	1029

Where a nominal agent is the real principal	1034

The true exception	1035

ciently exclude personal liabilityLiability by custom	1042

Exceptions	1046

Where there is no responsible principal	1048

Right to sue bidder 2353	1050

Agent may be jointly liable with principal	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

When guilty of a conversion 2423	1078

Principals criminal liability for agents criminal or penal acts 2006	1081

Agent must have been an actor not a mere automaton 1462	1084

Attempted distinction between misfeasance and nonfeasance 1466 1467	1089

Cases in which agent held not liable 14791481	1099

LIABILITY FOR THEIR OWN TORTS	1105

Illustration 1498	1111

CHAPTER IV	1117

Performance by agent	1118

What charges the lien secures 2270	1120

Compensation dependent upon work done 1511	1123

How lien enforced 2283	1129

Unauthorized agent entitled to compensation if acts are ratified 1521	1131

Compensation earned when undertaking fully completed 1532	1137

In cases of ordinary retainer 2248	1145

performance 1539 1540	1146

RIGHTS OF BROKER AGAINST PRINCIPAL	1150

b Agency Wrongfully Terminated	1153

Right to Recover for Torts	1157

Principals liability for auctioneers acts 2357	1158

The measure of damages against the principalCompensation 2013	1164

No damages if agent acquiesces in discharge 1565	1171

Full performance of entire contract usually required 1577	1178

Releasing agent from dutyEnlarging	1179

What will excuse abandonmentSicknessEpidemicPhysical vio	1183

How when agent mere middleman 1591	1192

Right not cut off by assignment 1598	1198

Entitled to reimbursement 2480	1199

Agent must be indemnified against consequences of lawful acts 1603	1204

Principal may recover for injuries to his interests by third persons	1209

Master responsible for his own negligence 1617	1211

For dangerous appliances tools and machinery 1624	1219

To make the necessary memorandum 2324	1225

For not furnishing necessary superintendence 1636	1231

Negligence of Fellowservant	1238

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

Right to a Lien	1275

Lien definedGeneral and particular liens 1683	1276

To receive the price 2325	1277

Claim of lien no waiver of personal remedies 1692	1282

RIGHTS OF SUBAGENT AGAINST PRINCIPAL	1289

Copyright

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Bibliographic information

Title	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 20th-century legal treatises 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, Floyd Russell Mechem
Author	Floyd Russell Mechem
Edition	2
Publisher	Callaghan, 1914
Original from	Indiana University
Digitized	14 Jul 2011
Length	2574 pages

Export Citation	BiBTeX EndNote RefMan

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