onary power
to fix the price and other terms, may employ a subagent to look up a
purchaser, or to show the land to one who is desirous of purchasing.

When a person is really acting as an agent, but this is not known by
the persons with whom he is doing business, he is liable to them as if
he were the principal. It often happens for various reasons that
agents do not disclose their principals. Suppose a dealer finds out
that the agent presumably acting for himself was, in truth, acting
for another, could the real principal be held responsible and the
agent escape, or could both be held? The answer is, after discovering
the real principal, both can be held, or either of them. The failure
of an agent to disclose his agency will not make him individually
liable if the other party knew that he was dealing with a principal
with whom he had had dealings through the agent's predecessor. Notice
of the agency to one member of a firm is not sufficient notice to the
firm to release the agent from personal responsibility in subsequent
transactions with another member who did not know and was not informed
of the agency. Again, the liability must be determined by the
conditions existing at the time of the contract, his subsequent
disclosure will not relieve the agent. Finally, while the agent may be
held in such a case, the principal also is liable, except on
instruments negotiable and under seal, on the discovery of his
relationship as principal.

While secret instructions to an agent that are unknown to persons
dealing with him do not bind them, the principal is liable for any
acts within the scope of his agent's authority connected with the
business conducted by his agent for him. Some very difficult questions
arise in applying this rule. A car conductor is instructed to treat
passengers civilly and to use no harsh means with them, save in
extreme cases. How far may a conductor go with a disorderly passenger?
Very likely he would be justified in putting him off; suppose the
conductor was angry and administered hard and needless kicks in the
operation? His principal surely would not be liable, though the
conductor doubtless would be. Suppose in buying a railway ticket the
agent loses his temper and calls you a liar and a thief, you would
have an action against him for slander, unless you happened to be one,
but you would have no action against his principal for the company did
not employ him to slander its patrons; to do this was