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In the more recent and, as I think, better considered cases, it has been held, as there stated, that the contract is void; and that the remedy of the party deceived and injured by it is by action against the party wrongly assuming to act as agent, to recover damages for the failure of the contract.

There are various methods of terminating an agency. Revocation, or withdrawal of the power conferred, is always at the will of the principal, unless the power is coupled with an interest,—as where one gives a person power to sell goods and apply the proceeds to his own benefit; or the common case (in some States) of a mortgage with power of sale in the mortgagee; or, if it be given for money paid, or other valuable consideration, then, if the continuance of the power is necessary to make the interest of the agent in the proceeds available, it cannot be recalled at the pleasure of the principal, and would even enure to the agent after the death of the principal.

Death of the principal, or his insanity, or, if the principal be a single woman, her becoming married, would each amount to a revocation.

It may, of course, be terminated by its own limitation, express or implied.

It is express, when the power covers only a specified period of time.

It is implied, when the business is completed. If you authorize an agent to sell your crop of apples, it is quite manifest that the agency terminates, by necessary implication, when the apples are all sold. So, an implied termination would result from such change in the condition of the principal as would render its continuance impossible or improper, as the bankruptcy of the principal, when the agency authorizes the disposal of or dealing with the property of the principal, insanity of the principal, or the marriage of a female principal.

In the case of insanity, the existence of the insane condition should be established by proper proceedings before the operation of the power is suspended.

So, similar changes in the condition of the agent would work an implied revocation of the agency.

Renunciation by the agent, with notice to the principal, also terminates the agency; and, without notice, such renunciation and refusal to act would necessarily terminate the agency; but, if he should omit to give notice to his principal, he should be held liable to his principal for such damages as may result from want of notice.

The sudden termination of an agency by the death of the principal is sometimes productive of serious inconvenience; as, where the principal is in a distant country and no telegraphic communication can be had, then, if a party is supplying the wants and calls of an agent, as a wife or a son, on the credit of the principal, it may be months before notice is received.

Who is responsible? The question has not received a uniform answer; in some cases it has been held that the party supplying the agent has no remedy, except in the sense of justice of the party supplied, inducing, where there is the ability, a voluntary payment. The executor is held not liable, as he is liable only for the contracts and obligations of his testator, and the agency being revoked by the death of the testator never became liable. In other cases the more convenient doctrine has been held, that the revocation resulting from the death of the principal,-like an express revocation made in the life time of the principal,— takes effect only from the time of notice.

SECTION 6.

Duties of an Agent.

The agent is required to exercise, in the business entrusted to him, the same degree of care and skill which men, capable of properly transacting such business, bestow upon it when doing it on their own account.

The principal is ordinarily entitled to all the skill which the agent has, if it be a professional, mechanical or artistic employment; and it is, of course, the duty of the agent to bestow it.

He is bound to follow instructions, and his liability, if he deviates, is, as in the case of negligence or misconduct, measured and limited only by the extent of the damage sustained by the principal.

SECTION 7.

Liabilities of the Principal.

The principal, as we have seen, is considered as doing whatever is by his authority done by his agent. It follows, necessarily, that the principal is liable for the negligence or unskillfulness of his agent, while prosecuting the business of his agency, although not under his personal supervision or direction.

The material enquiry is, was the agent acting in the course of his employment?

If an agent or servant, while driving the team of his principal, upon his principal's business, by negligence injures another, the principal is liable for the damage.

But, if without leave, and on his own business, he be driving the team of his principal, and by carelessness inflict injury, the servant alone is responsible.

It used to be held, that a principal was liable for the acts and neglects of all sub-agents and under employees, deriving their employment, however remotely, from him or his immediate agent it is not generally so held now, but the liability is confined to the immediate employee of the principal or his agent.

A principal is not liable for the wilful acts and torts of his agent: as, if a servant wilfully drives his master's carriage against another's person or property, without the direction of his principal; the servant alone is liable.

The principal will, however, be clearly liable for torts whenever he has directed them, or given orders which could not be executed without their commission.

We have seen that the agent may bind his principal by a proper contract. He may also buy for an undisclosed principal, and then, when discovered, the vendor may charge either principal or agent; subject, however, to this limitation, that

when credit has been given to the agent, the principal being undisclosed, and any settlement has been made between the principal and agent; or when the seller, after discovering the principal, lies by, and does not seek within a reasonable time to render him liable, or to make claim upon him, he is estopped to claim of the principal, or, at least, his claim must be subject to such equities as have fairly arisen between the principal and agent.

So, when an agent sells as if he were owner, for an undisclosed principal, the principal may collect the proceeds of the sale, subject also, in this case, to the equities of the purchaser, arising out of payments to the agent, without notice, and in good faith.

1. GENERAL FORM OF LETTER OF ATTORNEY.

I, John Jones, of Hartford, in the State of Connecticut, hereby appoint James Simons, of said Hartford, my attorney, for me and in my name, to [here describe in plain and simple terms, whatever is to be done], hereby authorizing whatever my said attorney shall lawfully do in the premises.

Witness my hand this 5th day of December, A. D. 1868. JOHN JONES.

[If the thing to be done be the conveyance of land, or anything else requiring a seal, say: "Witness my hand and seal," and add a seal. And if the instrument will need to be witnessed or acknowledged, let the "power" be witnessed and acknowledged before a proper magistrate]. [A copy of a letter of attorney should always be kept by the principal, for convenience of reference, and of revocation, if it should become desirable].

of

2. POWER OF ATTORNEY TO SELL STOCK.

"I, A. B., of

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do hereby appoint, irrevocably, C. D., , my true and lawful attorney, [with power of substitution], for me and in my name, to sell, assign, and trans

fer, unto any person or persons whatsoever,

shares now

standing in my name, upon the stock-books of the Railroad. Witness my hand, this

day of

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A. D. 18.

Executed in presence of

A. B.

If special confidence is reposed in the appointee named, and it is not desired that he shall have power to appoint a substitute, leave out the words in brackets.

If the power of substitution is inserted, (as in brackets), and the appointee desires to exercise that power, he may write upon the margin or back of the instrument as follows:

3.-"SUBSTITUTION.”

I hereby irrevocably appoint E. F. as my substitute, to exercise the powers herein conferred upon me. Witness my C. D.

hand, this day of

Executed in presence of

4.

. A. D. 18

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"PROXY" TO VOTE FOR DIRECTORS.

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do appoint C. D.,

of

to be my

I, A. B., of proxy, for me and in my name, to vote at any election of directors (or trustees) of the

in the choice of direct

ors, and upon all matters which at any regular meeting of the stockholders may properly come before them.

Witness my hand, this
Signed in presence of

day of

, A. D. 18.

A. B.

If the principal desires only to confer power to vote at a single specified meeting, or to confine the power to voting in choice of directors, the power should, of course, be so restricted.

5. POWER TO RECEIVE DIVIDENDS.

all dividends due on all shares of C. D.

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