California.

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

. (page 101 of 156)
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 101 of 156)
Font size
QR-code for this ebook


see note § 2295, ante.

Agent's authority to ratify another agent's act. — See Kerr's
Cyc. C. C. § 2319 and note par. 58.

Effect of subsequent ratification. — See Kerr's Cyc. C. C. § 2307
and note pars. 4, 5.

Notice of principq,rs election to enforce contract made with
agent.— See 55 A. S. 920, 921.

Part of transaction — Ratification of. — See Kerr's Cyc. C. C.
§ 2311 and note.

Ratification of acts of agent. — See 2 L. 809, 810.

Rescission of ratification. — See Kerr's Cyc. C. C. § 2314 and
note.

Stockholders' consent to act of directors. — See Kerr's Cyc.
C. C. § 2307 and note par. 8.

Void ratification. — See Kerr's Cyc. C. C. § 2312 and note.

Voluntary acceptance of benefit of transaction — Effect of. —
See Kerr's Cyc. C. C. §1589 and note; §2319 and note par. 26;
17 A. S. 407.



§2311. BATIFI€ATION OF PART OF A TRANSACTION.

Ratification of part of an Indivisible transaction is a ratifica-
tion of the whole.

History: Enacted March 21, 1872.
1206



I



Tit.IX,ch.I,art.II.] RATIFICATION. §§ 2312-2314

See Kerr's Cyc. C. C. for 2 pars, annotation ,, .1 p

IT? C 2''1 231 (dis. op.), 236 (opinion in department), 41 f.
1017 45* P." 252 (cited); 144 C. 104, 112, 77 P. 828 (applied to act
of attorney in fact in accepting release and giving new mort-
gage); 2 C. A. 393, 399, 84 P. 324 (not applicable under peculiar

^^2 to many miscellaneous matters as to agency generally,
see note § 2295, ante.

§'>312. ^VHEX RATIFICATION YOID. A ratification is
not "valid unless, at the time of ratifying the act done, the
principal has power to confer authority for such an act.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

63 C 129 142, 49 A. R. 83 (cited in dis. op.); 106 C. 594, 600.
39 P. 946 (referred to); 107 C. 37. 41. 39 P. 1066 (applied). _

As to many miscellaneous matters as to agency generally ,

see note §2295, ante. ra a «fi-is fi44

Contracts which cannot be ratified.— See 59 A. S. 638-644.
Criminal act of agent— Power of principal to ratify.— See o

A. S. 618-621.

§2313. RATIFICATION NOT TO WORK INJURY TO
THIRD PERSONS. No unauthorized act can be made valid,
retroactively, to the prejudice of third persons, without their

consent.

History: Enacted March 21, 1872.

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

88 C 277 281, 26 P. 105, 106 (applied); 106 C. 594. 600. 39 P.
946 (cited); 107 C. 37, 41, 39 P. 1066 (applied).

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

§2314. RESCISSION OF RATIFICATION. A ratification
may be rescinded when made without such consent as is
required in a contract, or with an imperfect knowledge of
the material facts of the transaction ratified, but not other-
wise.

History: Enacted March 21, 18 < 2.

See Kerr's Cyc. C. C. for 5 pars, annotation

fi^ r 129 142 49 A. R. 83 (cited in dis. op.); 113 C. — l, -^^J.
038 41 Pi017 (Cited in department); 146 C. 91, 99, 79 P. 850

1207



§§ 2315-2317 CIVIL CODE. [Div.III.Pt.IV.

(exchange of lands, right to rescind ratification, as well as
original transaction, after discovering falsity of facts relied
upon).

As to essentials of ratification, see Kerr's Cyc. C. C. § 2310
and note.

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

Essentials of ratification being wanting, it is of no effect
and may be repudiated.— See 16 C. 591, 623-626.



§2315. MEASURE OF AGENT'S AUTHORITY. An agent
has such authority as the principal, actually or ostensibly,
confers upon him.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

66 C. 61, 64, 4 P. 952 (referred to); 68 C. 156, 162, 8 P. 824
(applied); 77 C. 449, 453, 19 P. 820, 822 (cited).

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

Implied and necessary authority. — See Kerr's Cyc. C. C. § 2319
and note.

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

§2316. ACTUAL AUTHORITY, WHAT. Actual authority
is such as a principal intentionally confers upon the agent,
or intentionally, or by want of ordinary care, allows the
agent to believe himself to possess.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

66 C. 61, 64, 4 P. 952 (referred to); 141 C. 699, 705, 75 P. 329
(cited); 147 C. 166, 170, 81 P. 402 (cited); 3 C. A. 554, 559, 86 P.
610 (applied).

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

Cognate section. — See Kerr's Cyc. C. C. § 2299 and note.

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

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

§2317. OSTENSIBLE AUTHORITY, WHAT. Ostensible
authority is such as a principal, intentionally or by want

1208



Tit.IX,ch.I,art.II.] AUTHORITY, NOTICE. § 2318

of ordinary care, causes or allows a third persons to believe
the agent to possess.

Hi-story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 47 pars, annotation.

66 C 61 64, 4 P. 952 (referred to); 66 C. 459, 461, 6 P. 91
(construed); 82 C. 1, 5. 22 P. 925, 927 (referred to as inap-
plicable); 87 C. 526, 528, 25 P. 758 (cited); 95 C. 1, 14, 29 A. S.
85 30 P. 96 (cited); 108 C. 227, 230, 41 P. 298 (cited); 113 C. 119,
123 45 P. 259 (referred to); 137 C. 95, 100, 69 P. 836, 1013 (cited);
14l'c 699 705 75 P. 329 (cited); 143 C. 501, 504, 77 P. 405 (cited);
147 C. 166', 170', 81 P. 402 (cited); 4 C. A. 354, 355, 88 P. 282 (cited
— ratification of agency).

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

Cognate section.— See Kerr's Cyc. C. C. § 2300 and note.

Creation of agency.— See Kerr's Cyc. C. C. § 2307 and note.

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

Evidence of agency.— See Kerr's Cyc. C. C. § 2295 and note
pars. 11-34. ^ ^

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

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.

Maxims applicable to ostensible agency. — See Kerr's Cyc. C.
C. §§ 3515, 3515, 3543 and notes.

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

Principal estopped to deny authority of agent. — See 2 L. 808,

809, 824.

Principal's liability for agent's unauthorized act within scope
of authority.— See 22 A. S. 189, 190.

Ratification of agent's acts.— See Kerr's Cyc. C. C. § 2310 and
note.

Special and general agents. — See Kerr's Cyc. C. C. § 2297 and
note; also §2300 and note par. 3.

§2318. A«E>rS AITIKHUTY AS T() TEKSONS H W-
I>G NOTICE OF KESTKU TIO>S ll'ON IT. Every a^ent has
actually such authority as is defined by this title, unless
specially deprived thereof by his principal, and has even then
such authority ostensibly, except as to persons who have

1209



§ 2319 CIVIL CODE. [Div.III.Pt.IV.

actual or constructive notice of the restriction upon his
authority.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

114 C. 396, 399, 46 P. 290 (cited); 137 C. 95, 100, 69 P. 836, 1013
(referred to).

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

Letter showing agency. — See Kerr's Cyc. C. C. § 2317 and note
par. 26.

Notice of agent's authority.- — See 26 A. S. 828.

Private restrictions on agent's authority not to affect third
persons. — See 2 L. 823, 824.

Silence of agent as to limitations on authority. — See Kerr's
Cyc. C. C. § 2322 and note par. 8.

Special and general agents. — See Kerr's Cyc. C. C. § 2297 and
note.



§2319. AGENT'S NECESSARY AUTHORITY. An agent
has authority :

1. To do everything necessary or proper and usual, in the
ordinary course of business, for effecting the purpose of his
agency; and,

2. To make a representation respecting any matter of fact,
not including the terms of his authority, but upon which his
right to use his authority depends, and the truth of which
cannot be determined by the use of reasonable diligence on
the part of the person to whom the representation is made.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 81 pars, annotation.

55 C. 421, 424, 36 A. R. 43 (applied); 61 C. 338, 341 (construed
and applied); 68 C. 156, 162, 8 P. 824 (applied); 75 C. 159, 162,
7 A. S. 138, 16 P. 762, 763 (applied); 87 C. 526, 529, 25 P. 758, 759
(construed); 95 C. 1, 12, 29 A. S. 85, 30 P. 96, 98 (construed); 130
C. 100, 104, 62 P. 267 (applied); 137 C. 95, 100, 69 P. 836, 1013
(cited); 3 C. A. 371, 379, 85 P. 657 (declarations of person claim-
ing to be agent are insufficient to establish agency or terms of
his authority).

As to fraudulent representations as to quantity of land sold,
see Kerr's Cyc. C. C. § 2324 and note.

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

1210



Tit.IX,ch.I,art.II.] POWER— instructions. § 2320

As to ostensible authority to give receipt for money, see
Kerr's Cyc. C. C. § 3217 and note pars. 41, 42.

As to ratification, see Kerr's Cyc. C. C. § 2310 and note.

As to termination of agency, see Kerr's Cyc. C. C. §§ 2355,
2356 and notes.

Admissions of agents as evidence against principal. — See 53
A. D. 773-778.

Approval of principal re<iuirod. — See Kerr's Cyc. C. C. § 231 S
note par. 2.

Auctioneer's authority. — See Kerr's Cyc. C. C. §§ 2362, 2363 and
notes.

Authority of agent. — See 2 L. 808.

Authority of agent as to amount of loan. — See Kerr's Cyc.
C. C. § 2317 and note par. 30.

AuJ:iiority of agent making. — See Kerr's Cyc. C. C. §§ 2323-
2326 and notes.

Authority of agent or representative to employ medical
services for employee or other third person. — See 20 L. 695-698.

Delegation of authority. — See Kerr's Cyc. C. C. §§ 2349-2351
and notes.

Disobedience by agent of positive directions. — See Kerr's
Cyc. C. C. § 2317 and note par. 10.

Evidence of agency. — See Kerr's Cyc. C. C. § 2295 and note
pars. 11-34.

Extent of authority conferred upon traveling salesman. —
See 18 L. 663-667.

Factor's autliority. — See Kerr's Cyc. C. C. §§ 2368-2369 and
notes.

For illustrations of powers of foremen, managers, and super-
intendents, see Kerr's Cyc. C. C. § 2319, note pars. 45, 51, 53, 57,
72, 73.

Limitation of power of attorney to propt-rty then owned ^hy
principal. — See 25 A. S. 593-595.

Matters in which principal is jointly interested witli otliers. —
S»-e Kerr's Cyc. C. C. § 2297 and note par. 8.

Measure of agent's autliority. — See Kerr's Cyc. C. C. §2315
and note.

Ostensible authority of agents. — See Kerr's Cyc. C. C. §S 2300,
2317 and notes.

Sales of real estate — Authority of agents. — See 13 A. S. 112.

Special and general agents. — See Kerr's Cyc. C. C. § 2297 and
note.

Validity of deed under power of attorney. — See 81 A. I>. 776-
778.



§2320. A (JEM'S rOWFK TO 1)IS(H{EV INSTHK THINS.

Au ageut has power to disobey instructions in dealing with

1211



§§ 2321, 2322 CIVIL CODE. [Div.III.Pt.IV.

the subject of the agency, in cases where it is clearly for
the interest of his principal that he should do so, and there
is not time to communicate with the principal.

History: Enacted March 21, 1872.

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

70 C. 449, 453 (erroneously cited for §2220), 11 P. 659, 661
(correct citation).

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

Agent, when may disregard orders, owing to unexpected
emergency. — See 6 A. S. 37, 38; also 1 Encyc. L. 1061, 1062, where
illustrations of rule are given, and limitations thereon stated.

§2321. AUTHORITY TO BE CONSTRUED BY ITS SPE-
CIFIC, RATHER THAN BY ITS GENERAL TERMS. When
an authority is given partly in general and partly in specific
terms, the general authority gives no higher powers than
those specifically mentioned.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to authority of agent to sign notes for trading corpora-
tion, see 69 F. 912.

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

Common law declared, doctrine being elementary. — See 5 C
463, 464; 7 C. 171, 174, 68 A. D. 235; 8 C. 227, 232.

§2322. EXCEPTIONS TO GENERAL AUTHORITY. An

authority expressed in general terms, however broad, does
not authorize an agent:

1. To act in his own name, unless it is the usual course
of business to do so;

2. To define the scope of his agency; or,

3. To do any act which a trustee is forbidden to do by
article two, chapter one, of the last title.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 16 pars, annotation.

81 C. 303, 319, 22 P. 665, 670 (applied); 84 C. 311, 314, 24 P.
284, 285 (cited); 92 C. 108, 112, 28 P. 57, 58 (cited); 121 C. 327,
328, 53 P. 702 (referred to); 123 C. 379, 383, 55 P. 1064 (referred

1212



Tit.IX,ch.I,art.II.] authority to sell. §§ 2323, 2324

to); 142 C. 638, 641, 76 P. 486, 487 (applied); 145 C. 352, 363, 104
A. S. 42, 78 P. 550 (this section makes §§ 2230, 2234 apply to
agent of corporation).

As to fraud of agent in procuring ratification of unauthorized
act, see Kerr's Cyc. C. C. § 2310 and note pars. 20, 21.

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

As to obligations of trustees, see Kerr's Cyc. C. C. §§ 2228-
2239 and notes.

Declarations of agent as evidence of agency. — See Kerr's Cyc.
C. C. § 2295 and note pars. 21-24.

Fiduciary relations between principal and agent. — See 30 A. S.
785, 786.

Instrument binds principal, when. — See Kerr's Cyc. C. C. § 2337
and note.

Responsibility of agents to third persons. — See Kerr's Cyc.
C. C. § 2343 and note.

§2323. WHAT INCLUDED IN AUTHOBITY TO SELL
PERSONAL PROPERTY. An authority to sell personal prop-
erty includes authority to warrant the title of the principal, and
the quality and quantity of the property.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 15 pars, annotation.

5 C. A. 388, 390, 90 P. 485 (cited).

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

Auctioneer's authority from seller. — See Kerr's Cyc. C. C.
§ 2362 and note.

Fraudulent representations as to quantity of land sold. — See
Kerr's Cyc. C. C. § 2324 and note par. 2.

§2324. WHAT INCLUDED IN AUTHORITY TO SELL
REAL PROPERTY. An authority to sell and convey real
property includes authority to give the usual covenants of
warranty.

History: Enacted March 21, 1872.

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

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

Auctioneer's autliority from seller. — See Kerr's Cyc. C. C.
§ 2362 and note.

Mortgage of property. — See Kerr's Cyc. C. C. § 2319 and note
par. 40.

1213



§§2325,2326 CIVIL CODE. [Div.III,Pt.IV.

§ 2325. AUTHORITY OF GENERAL AGENT TO RECEIVE
PRICE OF PROPERTY. A general agent to sell, who is
intrusted by the principal with the possession of the thing
sold, has authority to receive the price.

History: Enacted March 21, 1872.-

See Kerr's Cyc. C. C. for 4 pars, annotation.

125 e. 613, 614, 58 P. 153 (construed).

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

Collecting agents — Duties of. — See Kerr's Cyc. C. C. § 2021 and
note.

Payment. — See Kerr's Cyc. C. C. § 2319, note par. 44.

§2326. AUTHORITY OF SPECIAL AGENT TO RECEIVE
PRICE. A special agent to sell has authority to receive the
price on delivery of the thing sold, but not afterwards.
Hi.story: Enacted March 21, 1872.

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

Commissioners' note cites 9 A. D. 415.



1214



Tit.IX.ch.I.art.IIL] obligations. § 2330



ARTICLE III.

MUTUAL OBLIGATIONS OF PRINCIPALS AND THIRD

PERSONS.

§ 2330. Principal, how afEected by acts of agent within the
scope of his autliority.

§ 2331. Principal, when bound by incomplete execution of
authority.

§ 2332. Notice to agent, when notice to principal.

§ 2333. Obligation of principal when agent exceeds his author-
ity.

§ 2334. For acts done under a merely ostensible aiithority.

§ 2335. When exclusive credit is given to agent.

§ 2336. Rights of person who deals with agent without knowl-
edge of agency.

§ 2337. Instrument intended to bind principal does bind him.

§ 2338. Principal's responsibility for agent's negligence or omis-
sion.

§ 2339. Principal's responsibility for wrongs wilfully commit-
ted by the agent.



§2330. PRINCIPAL, HOW AFFECTED BY ACTS OF
A«E>T WITHIN THE SCOPE OF HIS AUTHORITY. An

agent represents his principal for all purposes within the
scope of his actual or ostensible authority, and all the rights
and liabilities which would accrue to the agent from transac-
tions within such limit, if they had been entered into on his
own account, accrue to the principal.

Hi.s<«n-y: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 46 pars, annotation.

117 C. 417, 422, 49 P. 559 (construed with §2334); 118 C. 315,
321, 62 A. S. 238, 50 P. 373 (applied); 131 C. 6. 7, 63 P. 61
(applied); 139 C. 593, 594. 73 P. 452 (referred to); 141 C. 699,
705, 75 P. 329 (applied).

As to acts agent is forbidden to do, see Kerr's Cyc. C. C.
§ 2322 subd. 3.

As to disregard of principal's orders, wlien justified by unex-
pected emergencies, see 6 A. S. 37.

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

1215



§§ 2331-2334 CIVIL CODE. [Div.III.Pt.IV.

As to rescission of transaction by principal because of the
adverse interest of the agent, see 7 A. S. 279.

As to secret adverse interest in employment of agent, see 42
A. R. 387.

§2331. PRINCIPAL, WHEN BOUND BY INCOMPLETE
EXECUTION OF AUTHORITY. A principal is bound by an
incomplete execution of an authority, when it is consistent
with the whole purpose and scope thereof, but not otherwise.

History: Enacted March 21, 1872.

§2332. NOTICE TO AGENT, WHEN NOTICE TO PRIN-
CIPAL. As against a principal, both principal and agent are
deemed to have notice of whatever either has notice of, and
ought, in good faith and the exercise of ordinary care and
diligence, to communicate to the other.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 13 pars, annotation.

103 C. 624, 629, 37 P. 638; 141 C. 699, 705, 75 P. 329 (applied).

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

As to notice to principal being notice to agent, see 24 A. S.
228.

Notice to one of two or more joint agents is notice to all. —
See 102 C. 93, 100, 41 A. S. 172, 36 P. 374, 24 L. 197.

§2333. OBLIGATION OF PRINCIPAL WHEN AGENT
EXCEEDS HIS AUTHORITY. When an agent exceeds his
authority, his principal is bound by his authorized acts so
far only as they can be plainly separated from those which
are unauthorized.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

As to liability of principal for unauthorized acts of agent,
see 22 A. S. 189, 88 A. S. 779.

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

§ 2334. FOR ACTS DONE UNDER A MERELY OSTENSI-
BLE AUTHORITY. A principal is bound by acts of his agent,

1216



Tit.IX,ch.I,art.III.] EXCLUSIVE credit. §§2335,2336

under a merely ostensible authority, to those persons only
who have in good faith, and without want of ordinary care,
incurred a liability or parted with value, upon the faith
thereof.

Historv: Enacted March 21. 1872; amended by Code Com-
mission, "acI March 16, 1901, Stats, and Amdts. 1900-1. p. 415,
held unconstitutional, see history, § 4 ante; amendment re-
enacted March 21, 1905, Stats, and Amdts. 1905, p. 616.

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

33 P 441 442 (authority established by ostensible ratifica-
tion is" an ostensible authority in sense of this section); 117
C 417 422 49 P. 559 (construed); 130 C. 268, 269, 62 P. 511 (re-
ferred to) ;' 143 C. 501, 504, 77 P. 405 (applied with other sections
effect of indorsement by ostensible agent).

As to many miscellaneous matters as to agency generally.

see note § 2295, ante.

As to what is ostensible authority, see Kerr's Cyc. C. C. § 2317

and note.

§2335. WHEN EXCLUSIVE CREDIT IS GIVEN TO
AGENT. If exclusive credit is given to an agent by the per-
son dealing with him, his principal is exonerated by payment
or other satisfaction made by him to his agent in good faith,
before receiving notice of the creditor's election to hold him

responsible.

Historj-: Enacted March 21. 1872.

See Kerr's Cyc. C. C. § 2336 note.

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

§233(5. RIGHTS OF TEHSON WHO DEALS WITH AGENT
WITHOUT KNOWLEDGE OF AGEN( Y. One who deals with
an agent without knowing or having reason to believe that
the agent acts as such in the transaction, may set off against
any claim of the principal arising out of the same, all claims
which he might have set off against the agent before notice

of the agency.

HiNtory: Knacted March 21, 1S72.

See Kerr's Cyc. C. C. for 4 pars, annotation.
1 C. A. 349, 354, 82 P. 265 (applied — effect of purchase by
agent without disclosing his principal).
Kerr's C. C— 39 1217



§§2337,2338 CIVIL CODE. [Div.III,Pt.IV.

As to liability of bank or other depositary or of drawee for
taking deposit of agent, fiduciary, or other representative to
pay his own debt, see 52 L. 790.

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

As to undisclosed principal's liability on agent's contracts,
see 2 L. 811.

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

§2337. INSTRUMENT INTENDED TO BIND PRINCIPAL
DOES BIND HIM. An instrument within the scope of his
authority by which an agent intends to bind his principal,
does bind him if such intent is plainly inferable from the
instrument itself.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.
As to many miscellaneous matters as to agency generally,
see note § 2295, ante.

§2338. PRINCIPAL'S RESPONSIBILITY FOR AGENT'S

NEGLIGENCE OR OMISSION. Unless required by or under
the authority of law to employ that particular agent, a prin-
cipal is responsible to third persons for the negligence of
his agent in the transaction of the business of the agency,
including wrongful acts committed by such agent in and as
a part of the transaction of such business, and for his wil-
ful omission to fulfil the obligations of the principal.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 28 pars, annotation.

52 C. 280, 289 (applied); 118 C. 315, 321, 62 A. S. 238, 50 P.
373 (applied); 119 C. 646, 650, 51 P. 1083 (applied); 138 C. 475,
476 (construed), 478 (construed), 71 P. 516; 6 C. A. 533, 537,
92 P. 648 (principal is bound by acts of agent in transacting
business of agency, though such acts are wrongful); 103 F.
841, 843 (applied — liability of telegraph company for money
paid out by plaintiff upon fraudulent telegraphic order sent
over defendant's wires by employee of defendant).

As to agent's responsibility to third persons, see Kerr's Cyc.
C. C. § 2343 and note.

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

1218



I



Tit.IX,ch.I,art.III.] WRONGS BY AGENT. § 2339

§2339. PRINCIPAL'S RESPONSIBILITY FOR WRONGS
WILFULLY COMMITTED BY THE AGENT. A principal is
responsible for no other wrongs committed by his agent than
those mentioned in the last section, unless he has author-
ized or ratified them, even though they are committed while
the agent is engaged in his service.

History: Enacted March 21, 1872.

119 C. 646, 650, 51 P. 1083 (applied).

As to criminal and penal liability for act of agent, see 41 L.

650.

As to fraudulent or illegal acts of agent, see 1 L. 145.

As to liability of principal for misconduct of agent, see 55 A.
D. 317; also Kerr's Cyc. C. C. §2338 and note.

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



1219



§§ 2342, 2343 CIVIL CODE. [Div.III.Pt.IV.

ARTICLE IV.

OBLIGATIONS OF AGENTS TO THIRD PERSONS.

§ 2342. Warranty of authority.



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 101 of 156)