AGENT

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AGENT

AGENT

AGENT

AGENT, contracts. One who undertakes to manage some affair to be transacted for another, by his authority on account of the latter, who is called theprincipal, and to render an account of it. 2. There are various descriptions of agents, to whom differentappellations are given according to the nature of their employments; asbrokers, factors, supercargoes, attorneys, and the like; they are allincluded in this general term. The authority is created either by deed, bysimple writing, by parol, or by mere employment, according to the capacityof the parties, or the nature of the act to be done. It is, therefore,express or implied. Vide Authority. 3. It is said to be general or special with reference to its object,i.e., according as it is confined to a single act or is extended to all actsconnected with a particular employment. 4. With reference to the manner of its execution, it is either limitedor unlimited, i. e. the agent is bound by precise instructions, (q.v.) orleft to pursue his own discretion. It is the duty of an agent, 1, To performwhat he has undertaken in relation to his agency. 2, To use all necessarycare. 3, To render an account. Pothier, Tr. du Contrat de Mandat, passim;Paley, Agency, 1 and 2; 1 Livrm. Agency, 2; 1 Suppl. to Ves. Jr. 67, 97,409; 2 Id. 153, 165, 240; Bac. Abr. Master and Servant, 1; 1 Ves. Jr. R.317. Vide Smith on Merc. Law, ch. 3, p. 43,. et seq. and the articlesAgency, Authority, and Principal. 5. Agents are either joint or several. It is a general rule of thecommon law, that when an authority is given to two or more persons to do anact, and there is no several authority given, all the agents must concur indoing it, in order to bind the principal. 3 Pick. R. 232; 2 Pick. R. 346; 12Mass. R. 185; Co. Litt. 49 b, 112 b, 113, and Harg. n. 2; Id. 181 b. 6 Pick.R. 198 6 John. R. 39; 5 Barn. & Ald. 628. 6. This rule has been so construed that when the authority is givenjointly and severally to three person, two cannot properly execute it; itmust be done by all or by one only. Co. Litt. 181 b; Com. Dig. Attorney, C11; but if the authority is so worded that it is apparent, the principalintended to give power to either of them, an execution by two will be valid.Co. Litt. 49 b; Dy. R. 62; 5 Barn. & Ald. 628. This rule applies to privateagencies: for, in public agencies an authority executed by a major would besufficient. 1 Co. Litt. 181b; Com. Dig. Attorney, C 15; Bac. Ab. Authority,C; 1 T. R. 592. 7. The rule in commercial transactions however, is very different; andgenerally when there are several agents each possesses the whole power. Forexample, on a consignment of goods for sale to two factors, (whether theyare partners or not,) each of them is understood to possess the whole powerover the goods for the purposes of the consignment. 3 Wils. R. 94, 114; Story

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