00. How does the buyer's
receiving part of the goods affect the matter? How else could the contract
be made binding? What position does a person assume by endorsing a note?
By orally saying that a debt of another will be paid? An oral engagement
made December first to work a year beginning January first.

CHAPTER XXXII.

AGENCY.

Definitions.--An agent is a person authorized to act for another in
dealing with third parties. The one for whom the agent acts is called the
principal.

Authority of Agent.--An agent's authority may be granted orally or in
writing. When written it is called a "power of attorney." A general agent
has all the authority implied in his employment. A special agent has only
such authority as is specifically granted.

Responsibility of the Principal.--Between the principal and his agent
responsibility is determined by their contract. Expressly or impliedly the
principal agrees to pay for the service rendered.

It is in the principal's relation to third parties that the most important
rule of agency appears. It is this: _The principal is responsible for the
authorized acts of his agent_. The theory is that the acts are those of
the principal, the agent being merely an instrument. And accordingly, the
principal is bound not only by such acts of his agent as he has really
authorized, but also by such as he _apparently_ authorizes.

Responsibility of Agent.--The agent is responsible to his principal for
any violation of their contract. Expressly or impliedly he is bound to
obey orders, to exercise ordinary skill and care in the performance of his
duty, and to refrain from putting his interests in adverse relation to
those of his principal.

To the third party the agent is not responsible, except in the following
cases: When he specifically assumes responsibility, when he conceals the
identity of his principal, when he exceeds his authority, or when he acts
fraudulently.

Termination of Agency.--An agency terminates at the death of either
principal or agent. It may also be terminated by revocation of authority,
which takes effect upon receipt of the notice, or by the bankruptcy or
lunacy of the principal, judicially declared.

_Pertinent Questions._

In the following cases name the principal, the agent, and the third party:
A clerk in a store; a man employed to sell goods by sample; a cashier in a
bank; a conductor on a train; a commission merchant; a partner acting for
a firm, a s