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the former should not be responsible to the latter, could a
fourth indorser sue the second? Why? Could the third sue
the second? Why?

53. What is meant by demand and notice in connection with dis-
honored paper?

54. Is the maker of a note discharged if the owner neglects to make demand? Is the acceptor of a draft? The drawer? An indorser? Who is?

55. To whom must notice be sent? What is the effect of not sending it?

56. What is notice of non-acceptance? The effect of omitting it? 57. What is the effect if the owner sends notice to some indorsers

and not to others?

58. When must demand be made, in paper due at a particular time? In checks? Upon whom must demand be made, in a note? In a draft? In a check? By whom may the demand be made?

59. When must the notice be sent? How may it be sent? To where? What should it say?

60. When an indorser receives notice of the dishonor, what should he do to protect himself?

61. What is protest?

62. What is forgery? Is an alteration forgery? Is an accidental alteration forgery?

63. What is the effect of a forgery upon the one whose name is
forged? If he recognizes the forgery as genuine and pays the
money, can he recover it from the one to whom he pays?
64. State the two cases in which one is bound by his recognition of a
forged signature as genuine.

65. If one transfers forged paper without indorsing it, has he any
responsibility with regard to it afterwards?

66. What is the effect of paying a note where the amount has been raised by forgery? Of accepting a raised draft? Of certifying a raised check? Of paying a raised draft or check?

67. What is money? The kinds in the U. S.?

68. What is the difference between money and legal tender? What part of our money is legal tender?

DIVISION III.

MISCELLANEOUS CASES.

CHAPTER XXVIII.

AGREEMENTS FOR PERSONAL SERVICES.

1. Kinds. The agreement to work for another, i.e., to render services for wages, or'a salary, or other compensation, is a very common kind of contract in business life. These contracts may, for our present purpose, be divided into two general classes, agreements (1) to do some particular thing, and (2) to do whatever the employer may direct. Brokers, commission merchants, lawyers, tradesmen,* and many others belong to the first class; clerks and all others employed to do general work belong to the second class. The act of employing in both classes is a contract, in which each party, the employer and the employé,† agrees to do certain things. The following sections of this chapter will show the important elements of such a contract.

2. Compensation.-Every agreement to employ contains an agreement to pay for the services. This is the most important part of the employer's agreement, and it is either express or implied. If the parties fix the compensation themselves beforehand, that controls; but where nothing is said about whether the services will be paid for, or how much will be paid, nevertheless such a contract is al

* Who make or repair articles, as, for instance, a jeweler employed to repair a watch.

Using these terms with reference to both classes.

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ways implied. WHEN SERVICES ARE REQUESTED THERE IS

ALWAYS AN IMPLIED CONTRACT TO PAY WHAT THEY ARE

WORTH, i.c., the usual amount paid for such services elsewhere. This is similar to the rule in sales (p. 91). Unless there is a special agreement for payment in advance, the person employed is entitled to no pay until the whole service has been rendered.

3. Employé's Agreement. The person employed must fulfill his agreement, but if anything else is asked of him IT IS AN IMPLIED PART OF EVERY he need not do it. AGREEMENT TO RENDER SERVICES THAT THE WORK WILL BE If DONE WITH ORDINARY SKILL, CARE, AND DILIGENCE. the person employed fails to carry out his contract in any respect; if, for instance, the jeweler fails to repair the watch as soon as he agreed to or does it carelessly, he is entitled to no compensation, no matter how much he has done. (See p. 23, sec. 9.) In ordinary commercial transactions, if I agree to do a thing, it is fulfilling my agreeI am ment to get some one else to do it; but, of course, responsible for all my agent does, and for his want of skill, care, or diligence.

4. Skill. Any one by engaging in any kind of business represents that he and his clerks or workmen have the degree of skill ordinarily required in that business. He does not therefore agree to use all possible skill, but only such as is ordinarily possessed.

5. Care. This rule as to care applies particularly to cases where the person employed is to render some services in connection with certain property belonging to the other party, such as those who repair articles, or warehousemen, who take goods on storage, or forwarding merchants, etc. The care required in handling the property is ordinary care, i.e., so much as an ordinarily careful person takes of his own property. It is therefore not enough to take as

Personal Services.

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much care of others' property as you take of your own, unless you are a careful person.

6. Loss or Injury.--When one has another's property in his possession and through his carelessness it is lost or injured, the careless one is not only entitled to no compensation for what he has done, but must compensate the owner for his loss or injury. But if the loss or injury occurs in spite of ordinary carefulness, then the owner must not only bear his own loss but must pay for whatever services were rendered.*

7. Lien.-ANY ONE HAVING THE PROPERTY OF ANOTHER IN HIS HANDS UPON WHICH HE HAS DONE WORK MAY

KEEP IT UNTIL HE IS PAID FOR HIS WORK. In other words, he has a lient upon it for his pay. Thus, a bookbinder may retain books that he has bound, a warehouseman may retain goods stored with him, each until his charges (if correct) are paid. Machinists, carpenters, jewelers, and all kinds of manufacturers and repairers have this right. This kind of lien applies to one who carries on a regular trade or business, and it exists under three conditions only, (1) when he has possession of the property, and (2) has performed some service in connection with it at the owner's request, and (3) it has not been paid for. If he lets it go he loses his lien. If he has not done the work as ordered he has no lien. If payment is made the lien ends.

8. Length of Employment.-In the second class of cases, where one is employed to perform a general class of duties, the time for which he is hired is an important element. This may be for any time, a day, a month, a year, or longer.

* Thus, if a jeweler repairs my watch, but before I call for it his store is entered by burglars and my watch is stolen, I must bear the loss (unless the store were carelessly left unprotected), and must alsc pay his charges for the repairs.

Very often no time is specified in so many words. In such case, the time when payment is to be made will indicate the length of employment. Thus, if a clerk, messenger, etc., is hired for no fixed time but at so many dollars a week, or a month, it is a hiring for a week or a month respectively. If the work goes on the next week or month in the same manner, it is a new contract on the same terms. Thus, it is as if the employer said at the beginning of each period, "I agree to pay you dollars if you will work this week [or month]," and the employé answered, "I agree to work this week [or month]." When the contract ends, i.e., when the week or the month expires, each party may do as he chooses. There is no obligation to renew it.

....

9. Discharge. We have just seen that an employé may be discharged at the end of his time, without any cause, and without notice. Thus, if hired at so much a week and for no definite time, he may be discharged at the end of any week. He may also be discharged during the week or other period, and has no right to insist upon working after he is discharged. But in that case if the discharge is without good cause, i.c., if he was properly performing what he agreed to, he is entitled to payment for the whole period. If, however, there was good reason for the discharge, arising from his own fault, he is entitled to no pay for any of that period.

10. Leaving. Similar rules apply where the employé leaves of his own accord. He can leave at the end of the time without giving notice. But if he leaves before the time has expired he is entitled to no pay for that period, no matter how much of it he had worked there. Thus, if he agreed to stay a month and left at the end of three weeks, he would be entitled to nothing. In short, each party must keep his contract if the other does, but need not if the other does not.