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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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Same — Shipping goods to enter into contract, limiting liabil-
ity of carrier. — See 1 A. C. 676.

Same — SufRciency of signature by, to memorandum of sale
of goods required by statute of frauds. — See 4 A. C. 893.

Same — To employ medical services for employee or third
person. — See 20 L. 695.

Same — To indorse paper. — See 27 L. 401.

Same — To sell, as including power to barter or exchange. —
See 10 A. C. 421; 10 L. N. S. 1118.

Same — To use property of principal for payment of his own
debt. — See 14 L. 234.

Chauffeur, liability of owner of automobile for acts of his. —
See 10 A. C. 732.

Collecting bank as agent of payee or holder. — See 2 L. 699.

Cognate sections. — See Kerr's Cyc. C. C, § 2019-2022 and note.s.

Contract of, as to. — See 2 A. C. 884; 6 A. C. 53; 8 A. C. 1024.

Contracts executed in the name of agents only, when do not
bind them personally. — See 57 A. R. 536.

Corporation — Distinction between servants and agents of. —
See 2 L. 192.

Same — Power of president and vice-president of to employ
agents. — See 14 L. 358.

Criminal act of agent, power to ratify. — See 5 A. S. 618.

Death — Effect of on contract of agency. — See 23 L. 709,

1195



§ 2295 CIVIL CODE. [Div.III,Pt.IV.

Same — Of principal, agent's acts after, validity of.— See 39
A. D. 81.

Delivery to carrier on shipment to principal. — See 22 L. 420.

Disregard of principal's orders, when justified by unexpected
emergencies. — See 6 A. S. 37.

Distinction between servants and agents of corporation. — See
2 L. 192.

Effect of death on contract of agency. — See 23 L. 709.

Effect of invalid provision for an exclusive agency upon
right to recover for goods purchased under the contract. — See
6 L. N. S. 547.

Effect of transfer by agent, without indorsement, of worth-
less check or note of third person. — See 10 L. N. S. 550.

Extent of authority conferred upon traveling salesmen, gen-
erally, see 18 L. 663; see also "Traveling salesmen," this note.

Factor— Who is. — See Kerr's Cyc. C. C. § 2026 and note; 3
W. & P. 2640.

How far pledge effectual when pledgor's agent is made depos-
itory. — See 25 L. 577.

Husband — And wife, partnership between. — See note § 2395,
post.

Same — As agent of wife. — See 7 L. 643.

Same — Insurable interest, as agent, in wife's property. — See
66 L. 658.

Implied warranty of genuineness upon sale of negotiable
paper by agent. — See 36 L. 95.

Impostor assuming to act as agent of payee, who must bear
loss when bill or check is issued to. — See 50 L. 80.

Imputed notice to principal — As notice to agent. — See 1 L.
217; 1 L. 563; 2 L. 734; 10 L. 705; also notes, § 18, 19 ante.

Same — Effect of notice to purchaser's agent of vendor's in-
tent to defraud creditors. — See 32 L. 62.

Same — Effect of notice to subagent. — See 21 L. 384.

Insurable interest of husband as agent of wife, in wife's
property. — See 66 L. 650.

Interpleader between principal and agent. — See 10 L. N. S.
757.

Liability for taking deposit of agent, fiduciary, or other
representative to pay his own debt. — See 52 L. 790.

Liability of agent — As to generally. — See "Personal liability of
agent," this note.

Same — Executing contract in name of principal without
authority. — See 3 A. C. 219.

Same — For principal and a third person respectively for
money or property received in course of his agency. — See 2
L. N. S. 657.

Same — In case license duty is not paid by principal. — See 12
L. N, S. 946.

1196



Tit.IX,ch.I,art.I.] agency, generally. §2295

Same — Of telegraph company to undisclosed principal of
sender. — See 4 L. N. S. 678.

Same — To third persons, generally, see 3 A. C. 217.

Liability of principal — As to, generally, see 1 L. 219; 2 L.
810; 10 L. 355.

Same — Admissibility of extrinsic evidence to show whether
principal or agent liable. — See 20 L. 705.

Same — Contract with agent as contract with principal. — See

1 L. 507.

Same — Criminal and penal liability for acts of agent. — See 41
L. 650.

Same — Effect of participation by creditor's agent in debtor's
fraudulent intent, as against other creditors. — See 31 L. 642.

Same — Election to proceed against principal or agent. — See 2
L. 312.

Same — For fraudulent acts of agent. — See 1 L. 144.

Same — For misconduct of agent. — See 55 A. D. 317.

Same — For unauthorized acts of agent. — See 22 A. S. 189;
88 A. S. 779.

Same— Of one as undisclosed principal on commercial paper.
— See 9 L. 830.

Same — Of undisclosed principal on contract under seal. — See
3 A. C. 980.

Same — To third persons, as to generally, see 1 A. C. 718;

2 A. C. 99; 3 A. C. 978: 3 A. C. 1143; 8 A. C. 324: 8 A. C. 1024;
10 A. C. 92.

Same — When credit is given to agents. — See 2 L. 749.

Notice to principal as notice to agent. — See 24 A. S. 228.

Ostensible agency. — See Kerr's Cyc. C. C. §§ 2300, 2317, and
notes.

Personal liability of agent — As to generally, see "Liability
of agent," this note.

Same — On bills and notes. — See 22 A. R. 179.

Same — On contract executed without authority. — See 50 A.
D. 793.

Same — On sealed and unsealed contracts. — See 26 A. D. 524.

Same — To third persons. — See 54 A. R. 233; 22 A. S. 508.

Persons signing a writing, when cannot show he signed as
agent only. — See 2 A. R. 332.

Persons sued by undisclosed principal on contract made with
agent, right to set off claim against agent. — See 8 A. C. 554.

Power of agent to borrow money. — See 29 A. S. 93.

Power of president and vice-president of corporation as to
employment of agents. — See 14 L. 358.

Power of attorney — Construction, whether limited to property
then owned by the principal. — See 35 A. S. 593.

Same — Effect of provision in that it shall not be revoked by
death.— See 6 L. N. S. 855.

1197



§ 2295 CIVIL CODE. [Div.III.Pt.IV.

Same — Given to two or more construction of. — See 22 A.
S. 726.

Same — Revocation of. — See 110 A. S. 854.

Same — To sell real property, does it include power to give
option.— See 10 L. N. S. 867.

Presumption — As to acts done within scope of authority. — See
Kerr's Cyc. C. C. § 2319 and note par. 52.

Same — Of continuance of agency. — See 1 L. N. S. 891.

Public, agents executing negotiable notes, when personally
liable upon. — See 37 A. R. 142.

Purchases by agents at sales made by themselves. — See 80
A. S. 555.

Ratification of act of agent — By receiving and retaining
benefits of transaction. — See 2 L. 809.

Same — Effect of, generally. — See 5 A. S. 109; 7 L. 405.

Same — Effect of silence. — See 2 L. 809.

Same — General rule as to. — See 13 L. 219.

Same — Of an assignment by an unauthorized agent, effect of
on pending action. — See 61 A. ,D. 88.

Same- — Of unauthorized execution of written instrument, what
amounts to. — See 27 A. D. 343.

Same — Of what contracts not possible. — See 59 A. S. 638.

Same — Operates retroactive.^ — See 2 L. 810.

Same — Power of principal to, unauthorized contract of agent
so as to raise cause of action in his own favor. — See 4 L. N. S.
431.

Same — What will constitute an implied ratification of an
unauthorized loan effected by an agent. — See 6 L. N. S. 311.

Real estate broker, revocation of authority of. — See 2 A. C.
884.

Real party in interest by whom action may be brouglit, which
is.— See 64 L. 612.

Rescission by principal because of the adverse interest of the
agent. — See 7 A. S. 279.

Revocation of powers of attorney, how may be accomplislied.
—See 47 A. D. 343.

Righ^ to withdraw order given agent before acceptance by
principal. — See 10 L. N. S. 1138.

Rights and liabilities of principal — As to, see "Rights of prin-
cipal," this note.

Same — Action against agent as bar to one against principal
undisclosed when first action began. — See 6 L. N. S. 729.

Same — Liability of eleemosynary institution maintained by
state or municipality, for personal tort of agent or servant. —
See 4 L. N. S. 269.

Same^ — Principal as bona fide holder of bill or note passing
through agent's hands. — See 5 L. N. S. 628.

Same — Statute of frauds relating to sale of real property,

1198



Tit.IX,cll.I,art.I.] AGENCY, GENERALITY. § 2295

may it be satisfied by a memorandum whicli discloses that one
of the parties acted for an undisclosed principal. — See 8 L. N.
S. 733.

Rights as between, and liis principal. — See 8 A. C. 569, 570.

Rights, duties and liabilities of agent — As to, generally, see
1 L. 319; 2 L. 812; 3 L. 397; 5 L. 531; 8 L. 72; 9 L. 830; 12 L. 346;
IS L. 456; 20 L. 258; 28 L,. 433; 31 L. 831; 50 L. 644; 51 L. 146; 66
L. 658; 70 L. 383.

Same — Conflict of interests — Purchase by agent inures to
benefit of principal. — See 9 L. 796.

Same — Same — Right of agent to act in double capacity. — See
12 L. 395.

Same — Same — Right of agent to purcliase subject to agency.
—See 4 L. 219; 12 L. 396.

Same — Same — Right of agent to relocate mining claim for his
own benefit. — See 50 L. 186.

Rights of agent — As to third persons. — See 6 A. C. 554.

Same — Of action on contract in own name for principal. — See
1 L. N. S. 303.

Same — Of undisclosed principal to sue on contract made in
his own naine. — See 6 A. C. 556.

Same — To deny title of principal to monej's or property re-
ceived as agent. — See 8 A. C. 570.

Same — To recover money erroneously paid to third person. —
See 4 L. N. S. 3 63.

Riglits of principal — As to, see "Rights and liabilities of
principal," this note.

Same — As to third persons. — See 8 A. C. 552, 554.

Same — Right of person sued by undisclosed principal on con-
tract made with agent to set off claim against agent. — See 8
A. C. 554.

Secret adverse interest or employment of agent. — See 42 A.
R. 387.

Servant, definition of. — See Kerr's Cyc. C. C. § 2009 and note;
7 W. & P. 6422.

Signature of agent, whether must appear in addition to that
of his principal. — See 52 A. D. 775.

Situs of securities for taxation when held by agent residing
in different state from principal. — See 16 L. 731.

Statute of frauds — As affecting legal remedy for breacli of
contract to purchase land for and in the name of another. —
See 5 L. N. S. 123.

Same — As affecting right to equitable relief against one who
has purchased land in his own name in violation of his agree-
ment to purchase it for and in the name of the complainant. —
See 3 L. N. S. 112.

Same — May it bo satisfied by a memorandum disclosing that
one of the parties acts for an undisclosed party. — See S L. N. S.
733.

1199



§ 2296 CIVIL CODE. [Div,III,Pt.IV.

Subagents — And their relation to the principal and to the
agent appointing them. — See 50 A. S. 110.

Same — Responsibilities of. — See Kerr's Cyc. C. C. § 2022 and
note.

Termination of agency — As to generally, see 2 A. C. 884.

Same — Revocation of authority of real estate broker. — See 2
A. C. 886.

Tort by insane agent as act of God.- — See 4 A. C. 135.

Traveling salesman — Authority conferred upon — Generally,
see 18 L. f63: 18 L. 667.

Same — Same — To collect payment. — See 18 L. 663.

Same — Authority of — To accept payment in nothing else than
money. — See 18 L. 66.

Same — Same — To pledge principal's claim for traveling ex-
penses. — See 18 L. 667.

Same — Same — -To sell samples. — See 18 L. 667.

Same — Effect of possession of goods.— See 18 L. 666.

Undisclosed principal — Effect of retention by principal of
benefit of loan procured by agent without authority. — See 3
A. C. 1145.

Same — For act of agent in instituting malicious prosecution
or causing false arrest or imprisoninent. — See 1 A. C. 723.

Same— Owner of automobile, liability of for acts of his
chauffeur or agent. — See 10 A. C. 732.

Same — Right of action against as judgment against agent. —
See 8 A. C. 1026.

Same — Suits by on contracts made with their agents. — See
55 A. S. 916.

Who must bear loss when check or bill issued to impostor
assuming to act as agent of payee.- — See 50 L. 80.



§2296. WHO MAT APPOINT, AND WHO MAY BE AN

AGENT. Any person having capacity to contract may ap-
point an agent, and any person may be an agent.

History: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 9 pars, annotation.

82 C. 77, 81, 22 P. 979, 980 (referred to).

As to fiduciary capacity of agent, see Kerr's Cyc. C. C. § 2322
and note pars. 9-16.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

As to power of insane person to appoint agent, see Kerr's
Cyc. C. C. § 1557 and note.

Husband and wife as agents for each other. — See Kerr's Cyc.
C. C. § 158 and note pars. 111-128.

1200



Tit.lX,ch.I,art.I.] general, special. §§ 2297, 2298

Minor disabled to delegate power. — See Kerr's Cyc. C. C. § 33
and note.

Termination of agency by insanity of parties, see Kerr's Cyc.
C. C. §§ 2355, 2356 and notes.

§ 2297. AGENTS, GENEEAL OR SPECIAL. An agent for
a particular act or transaction is called a special agent.
All others are general agents.

History: Enacted Marcli 21, 1S72.

See Kerr's Cyc. C. C. for 11 pars, annotation.

82 C. 1, 4, 22 P. 925, 926 (cited); 82 C. 77, 81, 22 P. 979, 980
(referred to); 123 C. 299, 302, 55 P. 992 (referred to); 124 C. 682,
685, 57 P. 574 (cited); 131 C. 321, 325, 63 P. 479 (cited).

As to implied and necessary powers of agents, see Kerr's Cyc.
C. C. § 2319 and note.

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

Acts of agent bind principal, when. — See 24 A. D. 65, 66; 81
A. D. 777, 778.

Attorneys in fact. — See Kerr's Cyc. C. C. § 2295 and note par. 6.

General and special agents distinguished. — See 2 L. 808.

Ostensible authority. — See Kerr's Cyc. C. C. § 2317 and note.

Question of fact as to agency. — See Kerr's Cyc. C. C. § 2295
and note pars. 41, 42.

§ 2298. AGENCY, ACTUAL OR OSTENSIBLE. An agency
is either actual or ostensible.

Hi.»ttory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 9 pars, annotation.

82 C. 77, 81, 22 P. 979, 980 (referred to).

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

Duty of stranger dealing with agent to ascertain extent of
agency. — See Kerr's Cyc. C. C. § 2334 and note.

Husband and wife as agents for each other. — See Kerr's Cyc.
C. C. § 158 and note pars. 111-128.

Implied or ostensible ratification. — See Kerr's Cyc. C. C. § 2310
and note.

Instruction as to scope of agency. — See Kerr's Cyc. C. C. § 2322
and note.

Liability of principal for acts done under ostensible authority.
— See Kerr's Cyc. C. C. § 2334 and note.

Ostensible agency. — See Kerr's Cyc. C. C. § 2317 and note.

Presumption arising from delegation of ostensible authority.
— See Kerr's Cyc. C. C. P. § 1962 subd. 3 and note.

1201



§§ 2299, 2300 CIVIL CODE. [Div.III.Pt.IV.

§ 2299. ACTUAL AGENCY. An agency is actual when the
agent is really employed by the principal.

History: Enacted March 21, 1S72.

82 C. 77, 81, 22 P. 979, 980 (referred to); 139 C. 593, 594, 73 P.
452 (referred to).

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

Cognate section. — See Kerr's Cyc. C. C. § 2316 and note.

§2300. OSTENSIBLE AGENCY. An agency is ostensible
when the principal intentionally, or by want of ordinary care,
causes a third person to believe another to be his agent
who is not really employed by him.

HLstory: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 10 pars, annotation.

82 C. 77, 81, 22 P. 979, 980 (cited); 89 C. 632, 634, 27 P. 67, 68
(applied); 113 C. 673, 679, 45 P. 804 (cited); 117 C. 417, 421, 49 P.
559 (applied); 124 C. 225, 227, 56 P. 1029 (cited); 130 C. 268, 269,
62 P. 511 (applied); 137 C. 95, 100, 69 P. 836, 1013 (cited); 70 P.
81, 82 (applied); 139 C. 593, 594, 73 P. 452 (referred to); 143 C.
501, 504, 77 P. 405 (cited); 144 C. 339, 350, 77 P. 929 (applied-
ostensible agents of railroad company); 147 C. 166, 170, 81 P.
402 (cited); 4 C. A. 354, 355, 88 P. 282 (applied— ratification of
agency).

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

Cognate section. — See Kerr's Cyc. C. C. § 2317 and note, where
question of ostensible authority is fully treated.

Duty of stranger dealing with agent to ascertain extent of
agency. — See Kerr's Cyc. C. C. § 2334 and note.

Husband and wife as agents for each other.— See Kerr's Cyc.
C. C. § 158 and note pars. 111-128.

Implied and necessary powers of agent. — See Kerr's Cyc. C. C.
§ 2319 and note.

Implied or ostensible ratification. — See Kerr's Cyc. C. C. § 2310
and note par. 23.

Instruction as to scope of agency. — See Kerr's Cyc. C. C.
§ 2322 and note par. 5.

Liability of principal for acts done under ostensible authority.
— See Kerr's Cyc. C. C. § 2334 and note.

Maxim applicable to ostensible agency. — See Kerr's Cyc. C. C.
§ 2317 and note par. 29.

Presumption arising from delegation of ostensible authority.
— See Kerr's Cyc. C. C. P. § 1962 subd. 3 and note.

1202



I



Tit.IX,cli.I,art.II.] AUTHORITY. § 2304



ARTICLE II.

AUTHORITY OF AGENTS.

§ 2304. Wliat authority may be conferred.

§ 2305. Agent may perform acts required of principal by code.

§ 2306. Agent cannot have authority to defraud principal.

§ 2307. Creation of agency.

§ 2308. Consideration unnecessary.

§ 2309. Form of authority.

§ 2310. Ratification of agent's act.

§ 2311. Ratification of part of a transaction.

§ 2312. When ratification void.

§ 2313. Ratification not to work injury to third persons.

§ 2314. Rescission of ratification.

§ 2315. Measure of agent's authority.

§2316. Actual authority, wliat.

§ -'SIT. Ostensible authority, what.

§2318. Agent's authority as to persons having notice of
restrictions upon it.

§ 2319. Agent's necessary authority.

§ 2320 Agent's power to disobey instructions.

§ 2321. Authority to be construed by its specific, rather than
by its general terms.

§ '>32'' Exceptions to general authority.

§ 2323. What included in authority to sell personal property.

§ 2324 What included in authority to sell real property.

§ 2325. Authority of general agent to receive price of property.

§ 2326. Authority of special agent to receive price.

§2304. WHAT AUTHORITY MAY HE (OMEKHED.

\n agent niav be authorized to do any acts which his prin-
cipal might do, except those to which the latter is bound
to give his personal attention.

IliNtory: Enacted Marcli 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

74 C. 586, 589, 16 P. 493. 495 (construed and applied): 1 C. A.
349, 355, 82 P. 265 (cited).

As to many miscellaneous matters as to agency generaiij ,

see note § 2295, ante.

Certificate of partnership may be signed and filed by agent.—
See Kerr's Cyc. C. C. § 2305 and note: also §§ 2349-2351 and notes.

1203



§§ 2305-2307 CIVIL CODE. [Div.III.Pt.IV.

§2305. AGENT MAY PERFOBM ACTS REQUIRED OF
PRIIVCIPAL BY CODE. Every act which, according to this
code, may be done by or to any person, may be done by or
to the agent of such person for that purpose, unless a con-
trary intention clearly appears.

History: Enacted March 21, 1872.

See 'Kerr's Cyc. C. C. for 4 pars, annotation.
74 C. 586, 589, 16 P. 493, 495 (applied).

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

§2306. AGENT CANNOT HAVE AUTHORITY TO DE-
FRAUD PRINCIPAL. An agent can never have authority,
either actual or ostensible, to do an act which is, and is
known or suspected by the person with whom he deals, to
be a fraud upon the principal.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

87 C. 256, 262 (erroneously cited as §2306 C. C. P.), 23 A. S.
243 (same error), 25 P. 407, 408 (correct citation).

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

Fiduciary relation between principal and agent. — See Kerr's
Cyc. C. C. § 2322 and note.

§2307. CREATION OF AGENCY. An agency may be
created, and an authority may be conferred, by a precedent
authorization or a subsequent ratification.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

89 C. 237, 243, 26 P. 902, 904 (cited); 119 C. 646, 650, 51 P. 1083
(cited); 124 C. 682, 685, 57 P. 574 (cited); 130 C. 431, 434, 62 P.
749 (cited); 132 C. 95, 98, 64 P. 122 (applied); 141 C. 308, 311, 99
A. S. 75, 74 P. 851 (cited); 143 C. 501, 504, 77 P. 405 (cited).

As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

Ratification of agent's acts. — See Kerr's Cyc. C. C. §§ 2310-
2314 and notes.

Maxims applicable to ostensible agency. — See Kerr's Cyc. C. C.
§ 2317 and note.

1204



Tit.IX,ch.I,art.II.] CONSIDERATION. §§ 2308-2310

Presumption arising from delegation of ostensible authority.
—See Kerr's Cyc. C. C. P. § 1962 subd. 3 and note.

Retroactive effect of ratification.— See Kerr's Cyc. C. C. § 2310
and note par. 41.

§2308. CONSIDERATION UNNECESSARY. A considera-
tion is not necessary to make an authority, whether prece-
dent or subsequent, binding upon the principal.
History: Enacted March 21, 1872.

§2309. FORM OF AUTHORITY. An oral authorization is
sufficient for any purpose, except that an authority to enter
into a contract required by law to be in writing can only
be given by an Instrument in writing.

History: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 17 pars, annotation.

78 C 629 632 21 P. 373, 374 (cited); 81 C. 540, 541, 21 P. 533,
22 P. 750 (applied); 94 C. 546, 549, 29 P. 1105 (applied); 37 P.
646, 647 (cited); 113 C. 221. 227. 229. 41 P. 1017. 45 P. 252
(applied); 141 C. 308, 311, 99 A. S. 75, 74 P. 851 (applied); 14.
C. 399, 403, 76 P. 53 (applied); 143 C. 363, 366, 77 P. 71 (authority
to exchange land must be in writing); 4 C. A. 553, 555. 88 P.
596 (contract for exchange without written authority, or written
ratification of exchange is not binding); J C. A. 81, 83, 93 P.
89" 893 (construed and applied with § 2310— agreement to cancel
lease— acceptance and retention of benefits is no ratification).

As to extent of authority, see Kerr's Cyc C. C. § 2319 and
note pars. 63-73.

As to many miscellaneous matters as to agency generally,

see note § 2295, ante. . .

As to necessity for lease for more than year to be in writing,
see Kerr's Cyc. C. C. § 1624 and note.

Contracts required by law to be in writing.— See Kerr s Cyc.
C. C. § 1624 and note.

Evidence of agency.— See Kerr's Cyc. C. C. § 2295 and note

pars. 11-34.

Power of attorney to execute mortgage— Requisition of.— bee

Kerr's Cyc. C. C. § 2933 and note.

§ 2310. RATIFICATION OF AGENT'S A( T. A ratification
can be made only in the manner that would have been neces-
sary to confer an original authority for the act ratified, or

1205



§ 2311 CIVIL CODE. [Div.III,Pt.TV.

where an oral authorization would suffice, by accepting or
retaining the benefit of the act, with notice thereof.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 49 pars, annotation.

63 C. 129, 142, 49 A. R. 83 (cited in dis. op.); 82 C. 1, 6, 22 P.
925, 927 (referred to as inapplicable); 94 C. 546, 549, 29 P. 1105
(applied): 106 C. 594, 600, 39 P. 946 (cited); 109 C. 29, 40, 41 P.
1024 (applied); 113 C. 221, 227, 230, 231, 41 P. 1017, 45 P. 252
(cited); 114 C. 458, 461, 46 P. 295 (cited); 119 C. 646, 650, 51 P.
1083 (applied); 127 C. 261, 271, 59 P. 563 (construed); 130 C. 411,
416, 62 P. 611 (applied); 130 C. 431, 434, 62 P. 749 (cited); 141 C.
308, 311, 99 A. S. 75, 74 P. 851 (cited); 142 C. 399, 403, 76 P. 53
(applied); 143 C. 363, 366, 77 P. 71 (cited — ratification); 2 C. A.
393, 398, 84 P. 324 (quoted — what constitutes ratification of
appointment of mining superintendent); 4 C. A. 553, 555, 88 P.
596 (authority to enter into contract for exchange of lands-
how to be ratified); 5 C. A. 388, 391, 90 P. 485 (what is no rati-
fication of agent's act); 7 C. A. 81, 83, 93 P. 892, 893 (construed
and applied with § 2309 — agreement to cancel lease — acceptance
and retention of benefits is no ratification).

As to many miscellaneous matters as to agency generally,



Online LibraryCaliforniaThe codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) → online text (page 100 of 156)