An infant may act as an agent, because his act is not his own, but that of his principal. Therefore, if the principal have capacity to contract the agent need not have, because the acts performed by the agent are not in his name or on his account, but in the name or on account of his principal, who has contractual capacity. 291. Formation of contract. Rule: The formation of the contract of agency rests on the mutuality of the parties concerned. (See ¶10.) The agreement implies an offer and an acceptance. The relation between principal and agent originates in a contract, and therefore no one can become the principal of another without his consent. Likewise no one can become the agent of another without that other's consent, expressed or implied. 292. How agents may be appointed. Rule: An agent may be appointed by conduct, verbally or by written instrument, sealed or unsealed. A person may, however, ratify the unauthorized acts of another thus creating the relation of principal and agent. The ratification must, to be valid, be with full knowledge by the principal of all the material facts in the case. A sent his agent, B, money with which to purchase a lot on Charles street. B, believing a better investment could be made by purchasing a lot on Bolton street, so invested the money, and wrote A that "the property was purchased and payment made." A was sued for the balance of the purchase money, but refused payment, because he had not authorized the purchase of the lot on Bolton street, and that although he had ratified the purchase as represented to him, he was not bound by such ratification, because the agent did not purchase the property he was instructed to buy, and in making his report he concealed the fact that he had violated his instructions, and led him to believe the property on Charles street was purchased, so that the ratification was not made with full knowledge of all the material facts. A's defense is good. He need not pay the purchase money. Had the agent informed A that he had bought property on Bolton street, and the principal consented to such purchase, the principal would be bound, because of his ratification of the agent's acts, although they were unauthorized. The agent is liable to the principal for damages and a return of the money for violating his instructions. 293. Appointed under seal. Rule: It is never necessary that the authority given to the agent should be reduced to writing, signed and sealed by the principal, except where the thing to be done by the agent requires a sealed instrument. If A should appoint B as his agent to sell and convey real estate belonging to A, B's appointment must be under seal, because B would have a deed to execute, which is a sealed instrument, and therefore his authority must also be under seal. Such an appointment is called a "power of attorney." A power of attorney may be general in its nature where it authorizes the agent to do and perform every act which is necessary and requisite to be done in the performance of the principal's business, or it may be limited, where it merely authorizes the performance of some special or particular act. A power of attorney is a legal instrument or document under seal by means of which one party is appointed to act for another. POWER OF ATTORNEY GENERAL FORM. For any specific act: KNOW ALL MEN BY THESE PRESENTS, that I, J. H. Easterday, of the City of Toledo, Ohio, do hereby appoint J. U. Dennis, of the City of Chicago, Illinois, to be my agent and attorney for me and in my name, to (here insert the act or acts to be done by the attorney). As witness my hand and seal this first day of September, in the year nineteen hundred and fifteen. Test: C. L. MERRIKEN. J. H. EASTERDAY. (Seal) 294. GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That Western Grocery House a copartnership composed of Herbert Templeton and Ray E. Parker of the City of Chicago, County of Cook, in the State of Illinois has made, constituted and appointed, and BY THESE PRESENTS does make, constitute and appoint James E. Martin of the City of Chicago, County of Cook, and State of Illinois its true and lawful Attorney for it and in its name, place and stead, to sign the firm name to any and all checks drawn on Merchants Exchange Bank against its deposit in the same; to sign the name of the said firm to any and all drafts, receipts or notes necessary to be signed in pursuance of its business, giving and granting unto James E. Martin said Attorney full power and authority to do and perform all and every act and thing whatsoever, requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as either of us might or could do if personally present at the doing thereof, with full power of substitution and revocation, hereby ratifying and confirming all the said Attorney shall lawfully do or cause to be done by virtue hereof. IN TESTIMONY WHEREOF, we each have hereunto set our hands and seals this second day of January, 1918. A notary public in and jor, and residing in the said County, in the State aforesaid, Do Hereby Certify, that Herbert Templeton and Ray E. Parker personally known to me to be the same persons whose names are subscribed to the foregoing Instrument, appeared_before me this day in person, and acknowledged that they signed, sealed and delivered the said Instrument as their free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and official seal, the second........ of January A. D. 1918. day J. E. MOORE, NOTARY PUBLIC A notary public is a duly commissioned officer, and holding a seal of office, who is empowered to note protests, administer oaths, take depositions, acknowledgment of deeds and other instruments, and to authenticate the same by his official certificate, signature and seal. In the United States they are appointed by the governors of the states. CONTRACTS FOR PERSONAL SERVICES 295. Recompense. Rule: When a servant leaves his employment without cause, before the end of his term of service, he can recover for what he has done less any damage which his employer has sustained by reason of his leaving. If the completion of the services was prevented by the servant's illness or death, he or his administrator is entitled to recover for part performance. If A engages B to work for him for one year at a stipulated price, B must perform the entire year's work before he can collect anything of A. If A should engage B to work a year at a specified price per month, and to be paid monthly, B could sue and recover his salary at the end of each month. But if B quits A's employment without just cause before the end of the year, A could keep out of B's wages such damages as were the result of the breach of contract. 296. Servant discharged. Rule: If the servant be rightfully discharged, he may recover his proportionate wages to date. A employed B for one year. At the expiration of six months B was rightfully discharged. A must pay B six months' salary. Where a servant is wrongfully discharged, he has a right to recover from his employer the whole amount of the salary for the specified period, less such sum as it is shown he did earn or could have earned, since his dismissal, by the exercise of due diligence in some other employment of the same general kind. When the contract is made in the first instance for a year, or other definite period, and the service continues afterwards, the presumption is that the same contract prevails for the next year or other period. 297. Liability of third persons. Rule: A third person who interferes with the fulfillment of a contract of personal services is liable to the employer. If a third person induce a servant to leave his employer and thereby cause an injury, such person is liable to the employer in damages. 298. Notice of expiration of time of service. Rule: When the term of service is for a definite period it is not necessary for either party to give notice of an intention to terminate the relation. If no definite term of service is fixed, it is the duty of the party who desires to terminate the relation to give a reasonable notice of his intention. If an employee leaves before the expiration of his term of service he is liable for whatever damages his leaving may have occasioned. 299. Lien. Rule: A workman usually has a lien on personal property on which his services are rendered to secure the payment of his wages. At common law this was merely a lien without any right to sell the property. Now by statute he can sell the article after the expiration of a certain time. A lien is sometimes allowed on real estate for services performed under certain conditions. Alien is a legal claim or hold on property as security for a debt. The most common forms of liens are mechanics lien, common law lien, general lien, judgment lien, agricultural lien and particular lien. 1. Define agency. 2. Who are principals? 3. Who are agents? QUESTIONS 4. Does agency constitute a form of employment? 5. What is the distinction between an agent and a servant? 6. Who may be a principal? 7. Has an infant the power to appoint an agent? 8. May an infant act as an agent? 9. Who may be an agent? 10. On what does a contract of agency rest? 11. How may a person constitute another his agent in a transaction after the transaction is performed? 12. What is the liability of an agent for violating his instructions? 13. When should the authority given an agent be under seal? |