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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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Cyc. C. C. P. § 731 and note.

§3502. ABATEMENT, WHEN ALLOWED. A person in-
jured by a private nuisance may abate it by removing, or,
if necessary, destroying the thing which constitutes the
nuisance, without committing a breach of the peace, or doing
unnecessary injury.

History: Enacted March 21, 1872.

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

126 C. 413, 417 (erroneously cited for §3532), 58 P. 914, 915
(correct citation).

As to many misrcllaneous matters as to nuisance, see note
§ 3479, ante.

§3503. AVHEN NOTICE IS REQUIRED. Where a private
nuisance results from a mere omission of the wrong-doer,
and cannot be abated without entering upon his laud, reason-
able notice must be given to him before entering to abate it.

History: Enacted March 21, 1872; amonded by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 423,
held unconstitutional, see history, § 4 ante.

As to many miscellaneous matters as to nuisance, see note
§ 3479, ante.

Notice to successive owner. — See 14 A. D. 338-341.

1713



§§ 3509-3513 CIVIL CODE. [Div.IV,Pt.IV.



PART IV.

MAXIMS OP JURISPRUDENCE.

§ 3509. The maxims of jurisprudence hereinafter set forth
are intended not to qualify any of the foregoing provisions
of this code, but to aid in their just application.

History: Enacted March 21, 1872.

88 C. 522, 527, 22 A. S. 331, 26 P. 518, 519, 12 L. 508 (cited); 123
C. 525, 530, 531, 56 P. 458 (referred to with § 3534 and dis-
cussing §§ 1634, 1658, 1665).

§ 3510. When the reason of a rule ceases, so should the
rule itself.

History: Enacted March 21, 1872.

88 C. 522, 527, 22 A. S. 331, 26 P. 518, 519, 12 -L. 508 (applied);
141 C. 116, 123, 99 A. S. 35, 70 P. 663, 74 P. 766, 64 L. 236 (cited).

§3511. Where the reason is the same, the rule should be
the same.

History: Enacted March 21, 1872.

§ 3512. One must not change his purpose to the injury of
another.

History: Enacted March 21, 1872.

§ 3513. Any one may waive the advantage of a law
intended solely for his benefit. But a law established for a
public reason cannot be contravened by a private agreement.

History: Enacted March 21, 1872.

58 C. 95, 98 (applied); 95 C. 364, 368, 30 P. 551, 552 (cited);
99 C. 173, 177, 33 P. 887, 888 (construed and applied); 108 C.
627, 659, 49 A. S. 97, 41 P. 772 (cited); 113 C. 329, 336, 45 P. 691,
36 L. 648 (cited); 129 C. 356, 359, 61 P. 1123 (applied); 135 C.
118, 119, 67 P. 5 (cited); 144 C. 650, 655,' 79 P. 381 (referred to as
inapplicable).

1714



Pt.IV.] MAXIMS. §§ 3514-3520

§ 3514. One must so use his own rights as not to infringe
upon the rights of another.

History: Enacted March 21, 1872.

66 C. 138, 151, 56 A. R. 80, 4 P. 1152 (cited); 86 C. 374, 382, 24
P. 1074, 1076, 10 L. 139 (applied); 1 C. A. 335, 339, 82 P. 207 (ap-
plied — lower riparian owner damming up stream); 1 C. A. 696,
699, 82 P. 1079 (applied to right of free speech).

§ 3515. He who consents to an act is not wronged by it.
History: Enacted March 21, 1872.

70 C. 467, 468, 11 P. 762 (referred to as inapplicable); 95 C.

541, 544, 30 P. 770, 771 (applied); 99 C. 234, 235, 33 P. 903, 904

(applied); 106 C. 149, 151, 39 P. 623 (cited with §§3516, 3521);
143 C. 501, 504, 77 P. 405 (cited).

§ 3516. Acquiescence in error takes away the right of
objecting to it.

History: Enacted March 21, 1872.
106 C. 149, 151, 39 P. 623 (cited with §§3515, 3521).

§ 3517. No one can take advantage of his own wrong.
History: Enacted March 21, 1872.

82 C. 77, 83, 22 P. 979, 980 (cited); 125 C. 468, 471, 58 P. 83
(cited); 4 C. A. 598, 603, 88 P. 643 (applied to gratuitous agent).

§ 3518. He who has fraudulently dispossessed himself of a
thing may be treated as if he still had possession.

History: Enacted March 21, 1872.

§ 3519. He who can and does not forbid that which is done
on his behalf, is deemed to have bidden it.

History: Enacted March 21, 1872.

143 C. 501, 504, 77 P. 405 (cited); 145 C. 589. 594, 79 P. 268
(cited).

§ 3520. No one should suffer by the act of another.

History: Enacted March 21, 1872.
1715



§§ 3521-3526 CIVIL CODE. [Div.lV.

106 C. 149, 151, 39 P. 623 (referred to with §§3515, 3516); 138
C. 618, 622, 72 P. 173 (applied); 141 C. 221, 227, 74 P. 754 (cited);
149 C. 69, 77, 84 P. 760, 5 L. N. S. 536, 9 A. C. 851 (applied— neg-
lig'ent act of city in operating electric-light plant).

§ 3521. He who takes the benefit must bear the burden.
History: Enacted March 21, 1872.

106 C. 151 (cited with §§3515-3516); 138 C. 618, 622, 72 P. 173
(applied); 141 C. 221, 227, 74 P. 754 (applied— liability for debts
of company presumably entitles one to corresponding share of
profits or dividends).

§ 3522. One who grants a thing is presumed to grant also
whatever is essential to its use.

History: Enacted March 21, 1872.

116 C. 587, 591, 48 P. 725 (cited); 142 C. 513, 516, 76 P. 253
(referred to); 145 C. 468, 473, 78 P. 951 (applied).

§ 3523. For every wrong there is a remedy.
History: Enacted March 21, 1872.

117 C. 195, 202, 49 P. 8, 9 (referred to as inapplicable); 149 C.
69, 77, 84 P. 760, 5 L. N. S. 536, 9 A. C. 851 (applied— negligent
act of city in operating electric-light plant) ; 7 C. A. 398, 411,
94 P. 582, 583, 588 (applied — remedy in equity for judicial
wrong).

§ 3524. Between those who are equally in the right, or
equally in the wrong, the law does not interpose.

History: Enacted March 21, 1872.
109 C. 571, 583, 42 P. 225 (applied).

§ 3525. Between rights otherwise equal, the earliest is pre-
ferred.

History: Enacted March 21, 1872.

54 C. 140, 143 (referred to as inapplicable).

§ 3526. No man is responsible for that which no man can
control.

History: Enacted March 21, 1872.
1716



p|. lY ■] MAXIMS. §§ 3527-3532

§ 3527. The law helps the vigilant, before those who sleep
on their rights.

History: Enacted March 21, 1872.

§ 3528. The law respects form less than substance.

History: Enacted March 21, 1872.

58 C. 95. 98 (applied); 89 C. 38, 41, 26 P. 619, 620 (applied-
notice of entry of judgment); 95 C. 364, 368, 30 P. 551, 552
(cited); 129 C. 244, 246, 61 P. 1126 (applied); 135 C. 613, 615, 67
P. 1043 (cited); 136 C. 416, 419, 69 P. 87 (referred to).

§ 3529. That which ought to have been done is to be re-
garded as done, in favor of him to whom, and against him
from whom, performance is due.

History: Enacted March 21, 1872.

87 C. 253, 256, 25 P. 420 (cited); 99 C. 57, 69, 33 P. 786. 790
(cited); 102 C. 83, 91, 36 P. 378 (cited); 136 C. 416, 419, 69 P.
87 (cited).

§3530. That which does not appear to exist is to be re-
garded as if it did not exist.

History: Enacted March 21, 1872.
123 C. 437, 439, 56 P. 49 (applied).

§ 3531. The law never requires impossibilities.
History: Enacted March 21. 1S72.

2 C. A. 24, 29, 82 P. 1122 (applied — inability of viewers to
ascertain damages). .

§ 3532. The law neither does nor requires idle acts.
History: Enacted March 21. 1872.

58 C. 95, 98 (applied); 83 C. 246. 263. 17 A. S. 233. 23 P. 869.
874 (cited); 95 C. 364, 368. 30 P. 551. 552 (cited); 96 C. 210. 212.
213, 31 P. 38 (applied); 126 C. 413. 417 (applied hut crronoously
cited as §3502). 58 P. 914. 915 (correct citatl.m): 130 C. 392. 393,
80 A S 138. 62 P. 615 (referred to as inapplicable* : 144 C. 665.
669. 79 P. 383 (applied); 147 C. 739. 745. 82 P. 436 (applied— offer
to return that which there is no right to keep); 3 C. A. 463,
469. 86 P. 817 (applied).

1717



§§ 3533-3540 CIVIL CODE. [Div.IV.

§ 3533. The law disregards trifles.

History: Enacted March 21, 1872.
70 C. 519, 521, 11 P. 664, 665 (applied).

§ 3534. Particular expressions qualify those which are
general.

History: Enacted March 21, 1872.

123 C. 525, 530, 56 P. 458 (referred to, with § 3509, as inappli-
cable).

§ 3535. Contemporaneous exposition is in general the oest.
History: Enacted March 21, 1872.

79 C. 477, 485, 21 P. 865, 866 (applied); 118 C. 474, 484, 50 P.
644 (applied).

§ 3536. The greater contains the less.

History: Enacted March 21, 1872.

Maxim applied: 27 C. 524. 146 C. 245, 256, 79 P. 891, 106 A. S.
23 (referred to — decree of divorce).

§ 3537. Superfluity does not vitiate.

History: Enacted March 21, 1872.

Maxim applied: 2 C. 269; 5 C. 840; 6 C. 19; 20 C. 681; 22 C. 465;
26 C. 294; 27 C. 496; 32 C. 639, 91 A. D. 602.

§ 3538. That is certain which can be made certain.
History: Enacted March 21, 1872.

82 C. 497, 500, 23 P. 130, 131 (applied); 130 C. 82, 94, 62 P. 516
(cited); 146 C. 350, 368, 80 P. 81, 88 (applied); 150 C. 229, 236,
88 P. 917 (applied to executory contract of sale).

§ 3539. Time does not confirm a void act.

History: Enacted March 21, 1872.

§ 3540. The incident follows the principal, and not the
principal the incident.

History: Enacted March 21, 1872.
1718



Pt.IV.] MAXIMS. §§ 3541-3543

110 C. 164, 167. 52 A. S. 75. 42 P. 566 (applied); 142 C. 513, 517,
76 P. 253 (applied); 146 C. 686. 689. 106 A. S. 75. 81 P. 30. 2 A. C.
811 (applied — lien on building is principal thing, and lien on
land is incident to completion of building — effect of destruction
of building).

§ 3541. An interpretation which gives effect is preferred to
one which makes void.

History: Enacted March 21. 1872.

123 C. 140. 143. 55 P. 681 (applied); 129 C. 222, 226, 61 P. 1085
(cited with §3542); 136 C. 97, 104, 68 P. 494 (cited in dis. op.);
141 C. 101, 102, 99 A. S. 33, 74 P. 699 (cited); 3 C. A. 348, 353, 85
P. 165 (applied to statute relative to sale to state for delin-
quent taxes); 4 C. A. 184, 190. 87 P. 405 (applied to contract)..

§ 3542. Interpretation must be reasonable.

History: Enacted March 21, 1872.

129 C. 222, 226, 61 P. 1085 (cited with §3541); 130 C. 82, 94, 62
P. 516 (applied).

§ 3543. Where one of two innocent persons must suffer by
the act of a third, he, by whose negligence it happened, must
be the sufferer.

History: Enacted March 21, 1872.

54 C. 140, 143 (applied but erroneously cited as § 3543 C. C. P.):
93 C. 329, 356, 28 P. 1053, 1058 (applied); 100 C. 617, 621, 35 P.
328 (applied); 101 C. 405, 411. 40 A. S. 65, 35 P. 1019 (applied):
102 C. 93, 105. 41 A. S. 172. 36 P. 374, 24 L. 197 (applied); 37 P.
772. 774 (criticized); 122 C. 621. 623. 55 P. 596 (referred to); 69
P. 481, 483 (applied where loss resulted through pretended
agent's disposition to keep things which did not belong to
him); 143 C. 501. 504, 77 P. 405 (cited); 83 F. 48, 55 (cited).



1719



INDEX.

f References are to sections.]

"A COiNSIIJKKATION." See tit. Vnltinhle ColiHldernl l..n.
ABANDONMENT. See tit. Appro|irl:i( ion.

as to, 2716.

in marine Insurance. See tit. Mnrlne liiHiirniKM-.

as to, generally, 2716-2732.
notice on actual total loss, not necessary, 2709.
of child, adoption, 224.

by father, custody on, 197.

guardianship of, 246.

parent presumed to rellntjulsh on, 211.

what deemed to be, 224.
of homestead, 1243, 1245.
of husband by wife, support, 175.
of ship by master, 2041.
of water appropriation, 1411.
parent by child, no liability for support. 208.
shipmaster's authority ternilnated by, 2381.
thing abandoned, 1872.
wat^r appropriation, of, 1411.
what deemed to be of child, 224.
\IIATKMENT
by legacy, 1362.
of nuisance. See tit. NulMniice.

as to generally, 34S )-3.".ii:!.

.\iinucTiox

as to, in general, 49.

of husband or wife. etc.. 49.
\II.S<U,ITE OWNKIISIIII*

what is. 670.
.\<'CKPT.4NCK. See tits. « oii«rn«-t; Nruol InMr I ii>.( rmiMMil «.

of accord, 1 .t23.

of benefit of transaction, 1.'>R9.
of gift. See tit. Gift.
of guaranty, 279.'>.
of partial performanc<-, 1741.
of principal, walvi-s interest, when. 3290.
of rent, lease renewed by, when. 1945.
partial performance, of, effi^ct, 1741.
ACCESSION

as to acquisition of property by, 1000.

1721



INDEX.
[References are to sections.]

ACCESSION (continued).
to personal property.

by uniting several things, 1025, 1205.
increase of tiling hired belongs to liirer, 1926.
increase of thing pledged, 2989.
inseparable materials, 1029.
materials of several owners, 1030.
of thing pledged, belongs to pledgeor, 2991.
owner's election between thing and its value, 1032.
ownership of, 732.
principal part, what, 1026, 1027.
product of thing belongs to hirer, 1926.
the more valuable or bulky, 1027.
uniting materials and workmanship, 1028.
wilful trespassers, 1031.
wrongdoer, liability in damages, 1033.
to realty

alluvion. See tit. Alluvion.

as to, generally, 1014. ,

avulsion. See tit. AvuLsion.

as to, generally, 1015.
fixtures. See tit. Fixtures.
as to, 1013.

removable by tenant, 1019.
islands in navigable and non-navigable streams. See tit.
Islands.
formed by division of streams, 1018.
sudden removal of bank. See tit. Avulsion.
uniting materials and workmanship, 1028.
wilful trespass, 1031.
wrongdoer liable in damages, 1033.
ACCESSORY
a lien is, 2909.

transfer of principal thing passes, 1084, 3540.
ACCIDENT. See tit. Mistake.

deposit by, to be accepted, 1816.

disregarding erroneous parts in written instrument, 1640.
trust arising from, 2224.
ACCIDENT INSURANCE CORPORATION. See tit. Mutual Life,
Health, and Accident Insurance Corporation.
investment of funds of, 421, 421 [a].
ACCIDENT INSURANCE POLICY

"compensation," meaning of, 1644.
ACCORD AND SATISFACTION

acceptance of consideration extinguishes obligation, 1523.
accord

as to what is an, 1521.
effect of, 1522.

1722



INDEX.
[References are to sections.]

ACCORD AND SATISFACTION (continued),
definition of, 1521.

part performance is satisfaction, when, 1524.
satisfaction, wliat is, 1523.
ACCOUNT. See tit. Aooounting.
by employee, 1986, 2014.
by partner, 2412, 2438.
by servant, 1986, 2014.
by trustee, 2237.

partners mutual liability to, 2412.
ACCOUNTING. See tit. Account.

by partners, 2412.
ACCRETION. See tit. Acees-sion.
ACCUMULATION

application of income to support of minor, 726.
tlirectioii.s for

for benefit of minors in being-, must be, 724.
for longer term than until attaining majority, 725.
void in part when, effect of, 725.
void unless allowed by law, 723.
when void, 724, 725.
express trust for, of rents and profits, 857.
of Income of property

for benefit of one or more persons, 724.
rules governing, 722.

to commence at a subsequent date, 724.
to commence on the creation of the interest, 724.
rules by which governed, 724.
time of commencement and termination, 724.
ACKNOWLEDGE. See tits. Adoption; nastard.s.
ACKNOWLEDGMENT. See tits. Acknoivledgnient of Ins<rii-
nients; Deeds; Registration; Wills.
act citing defect in, 1207.

affidavit as to identity of person executing. 1185.
articles of incorporation, of, 292.
assignment for benefit of creditors, of, 3458, 3459.
by attorney in fact, form of, certificate, 1189.
certificate of

by attorney in fact, form of, 1189.
damage for defective, 1202.
defective, how corrected, 1202.
indorsement of, on, 1188.
justice of the peace, by, 1194.
contempt, punishment for by officer taking, 1201.
conveyance executed before code, 1205, 1206.
corporations, of

as to how executed, 1161.

1723



INDEX.
[References are to sections.]

ACKNOWLEDGMENT.

corporations of (continued).

form of acknowledgment by, 1190.

prerequisites of taking, 1185.
correcting defective certificate of, 1202.
damages for defective, 1202.
declaration of marriage, of, 76, 79%.
deputy may take, 1184.
foreign

certificate of clerk, 1189.

form of, 1189.

who may take, 1182, 1183.
form of

l>y attorney in fact, 1188.

by corporation, 1190.
general, 1189.

of foreign, 1189.
illegitimate child, of, 1387.
indorsement on, 1188.
interpreters, 1201.

inventory of wife's property, of, 165.
justice of the peace, power to take, 1194.
mortgages, of, 2952.

of abandonment or declaration of homestead, 1243.
of articles of incorporation, 292.
of assignment for benefit of creditors, 3458.
of assignment of debt secured by mortgage, 2936.
of certificate of partnership, 2480.
of conveyances made before the code, 1205, 1206.
of homestead

abandonment of, 1243.

conveyance of, 1242.

declaration of, 1243.

encumbrance of, 1242.

selection of, 1262, 1266.
of illegitimate child, 1387.
of inventory of wife's property, 165.
of marriage

declaration of, 77.

settlement of, 178-180.
of married woman's conveyance, 1187.

deed, 1093.

power of attorney, 1094.
of partnership certificate, 2480.
of power of attorney and revocation, 1216.
of sale of wine, 3440.

officers taking, authority of, 1194, 1201.

1724



INDEX.
[References are to sections.!

ACKNOWLEDGMENT (continued),
partnership, of, certificate to, 2480.
prerequisite to taking, 1185.
proof of instruments which are not, 1195.

action and judgment for, 1203, 1204.
recorded vritliont

what instruments can not be, 1161.
what instruments may be, 1159, 1160.
requisites of, 1185.

seals of officers to be affixed, when, 1193.
signatures of officers must be affixed, 1193.
subpoenas may be issued by officers taking, 1201.
what law governs, 1205, 1206.
who may take within the state, 1180-1184.
who may take without the United States, 1183.
witnesses to, 1196, 1197.
ACKXOWLEDGMEXT OF INSTRUMENTS
by married -woman

certificate of acknowledgment, 1187, 1189.
general form of certificate of within the state, 1189.
outside of the state, 1189.
by whom may be taken within the state, 1180, 1181.
by whom may be taken without the state, 1182.
by whom may be taken without the United States, 1183.
certificate of justice in certain cases, 1194.
deputy can take acknowledgment when, 1184.
form of acknowledgment by attorney in fact, 1189.
form of acknowledgment by corporation, 1190.
form of acknowledgment by married woman
within the state, 1187, 1189.
without the state, 1189.
requisites for acknowledgment, 1185.
ACaUIESCEXCE

objections removed by, 3516.
ACTION

by owner and occupant of dominant tenement, 809.
by owner of servient tenement, 810.
for divorce. See tit. Divorce.

for recovery of stock. See tit. AHses.sment of Stocks.
for overcharge by street railroad company, 504.
lies to obtain judgment proving instrument, 1203.
limitation of. See tit. I^imitation of Action.^.
pending, not affected by code, 6.
purchaser of franchise may maintain, when, 390.
to recover assessment of corporate stock, 349.
ACT OP GOD

liability of carrier relieved by, 2194.
performance of obligation excused by, 1511.

1725



INDEX.

[References are to sections.]

ACTUAL. NOTICE. See tit. Notice.
ADEMPTION. See tit. Legacies.

deemed advancement, when, 1351.
ADJOURNMENT

of corporate election, 314.
of corporate meeting, 312.
ADMINISTRATOR. See tit. Executor and Administrator.
ADMIRALTY. See tit. Ships and Sliipping.
ADOPTION

as to generally, 221.
abandoned cliild

of, consent not necessary, 224.

wlien child deemed to be abandoned, 224.
adoption of illegitimate child, 230.
adopting parent must be ten years older, 222.
any minor child may be adopted, 221.
by whom child may be adopted, 222.
consent to

as to necessity of, 224.

of child, 267.

of non-residents, 225.

of parents, who not required, 224.

of wife, 223.
contract of, 226.

how entered into, 226.

to be filed, 227.
deserted child, 224.
effect of adoption, 227, 228.

on former relations of the child, 229.
from orplian asylums

in general, 224.

judge's order on adoption, 227.
name of adopting parent, child may take, 228.
non-residents, 226.

one spouse, must have consent of other, 223.
order of adoption, 227.

to be filed, 227.
petition for, 226, 227.
proceedings on adoption, 226, 227.
when not necessary, 214.
who may adopt, 221, 222.
ADULT

child, compensation for support of, 208, 210.
who is an, 27.
ADULTERY

defense of plaintiff's adultery, 93.
definition of, 93.
divorce, ground for, 92.

1726



INDEX.
[References are to sections.]

ADVANCEMEXTS. See tit. liCgacies.

cl:iild, to, effect of, 1309.

constitute part of distributor's share, wlien, 1395.

death of heir, advance to before decedent, 1399.

during life of testator, effect of, 1309.

effect on share of child receiving, 1395, 1399.

effect where less or greater than share, 1396.

taken towards share in testator's estate, 1395.

to child, effect of, 1309.

to heir who dies before testator, 1399.

value of, how determined, 1398.

what are, 1398.

when deemed ademption, 1351.

when not enough, 1396.

when too much, 1396.
ADVERSE POSSESSION

as to generally, 1007.

confers title, when, 1007.

owner of property held by, may transfer, 1047.

property so held may be mortgaged, 2921.
ADVERSE POSSESSION OF WATERS. See tit. Appropriation.
AFFIDAVIT

as to sum contributed by special partner, 2481.

corporation, on filing articles of, 294.

mining, showing work done or notices posted, 1159.

of payment of ten per cent subscription to stock, 295.

of publication of notice of sale of delinquent stock, 348.

of subscription to stock, etc., 295.

of transfer of stock, by non-resident. 326.

on filing articles of incorporation, 295.

pnrtner.sliip

fictitious name, 2471.

of notice of special, 2484.

to inventory in assignment for benefit of creditors. 3462.

when required on transfer of certificate of stock, 326.
AFFIRMATIONS. See tit. Oath!

and oaths, officer authorized to take proof of instruments
may administer, 1201.
AFTER-AC^l'IRED PROPERTY

passes by will, when, 1312.
AFTER-ACailRED TITLE

conveyance passes, when, 1106.

inures to mortgagee. 2930.
AFTER-HORX CIHI^D
takes under will, 1337.
unprovided for to succeed, 1306.
AGE

of majority. See tit. Majority.

1727



INDEX.
[References are to sections.]

AGENCY. See tit. Agent.

actual agency, what is, 2299.
actual authority

of factor, 2368.

defined, 2295.
actual or ostensible agency, 2298.

actual agency, what, 2299.

ostensible agency, what, 2300.
acts which an agent may perform, 2305.

acts within scope of authority affecting principal how, 2330.
agent as trustee

authority as to persons having notice of restrictions, 2318.

must keep principal informed, 2020.

not having authority to contract, 2345.

not to act in own name, 2322.

rights of persons dealing with without knowledge of agency,
2336.

to conform to authority, 2019.

to define scope of agency, 2322.

under legal disability, 2355.

warrant of authority, 2342.

who may be, 2296.
agent's authority as to persons having notice of restrictions,

2318.
as to persons dealing without knowledge of agency, 2336.
attorney in fact to convey realty. See tit. Attorney in Fact.
auctioneers. See tit. Auctioneers,
authority of agent

agent warrants his, 2342.

as to persons having notice of restrictions, 2318.

as to persons with notice of restrictions, 2318.

construed by its specific terms, not by the general terms,
2321.

exceeded, whether principal bound, 2333.

exception as to general, 2322.

exceptions to general, 2322.*

implied, 2319.

measure of, 2315, 2318.

necessary authority of, 2319.

of general agent to receive price of property, 2325.

of ostensible authority, 2317.

of special agent to receive price, 2326.

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

to disobey instructions, 2320.

to receive price, 2325.

to warrant, 2342.

1728



INDEX.
[References are to sections.]

AGENCY

authority of agent (continued).

want of, actual, 2316.

what authority may be conferred, 2304.

what included in authority to sell real property, 2323.

what included in power to sell personal property, 2323.

what may be delegated to, 2304.

whether principal bound when agent exceeds, 2333.
cannot have authority to defraud principal, 2306.

creation of agency unnecessary, 2307.
collecting, duty of, 2021.

consideration for appointment unnecessary, 2308.
covenants may be given by agent, 2324.
created, how, 2307.
created by ratification, 2307.

damages for breach of warranty of agent's authority, 3318.
death of

agent terminates, 2355.

principal terminates, 2356.
definition, 2295.
delegation of authority, 2349, 2350.

when agent may make, 2349.
delivery of contract to agent, 1626.
exceptions to general authority, 2322.
exclusive credit given to. effect, 2335.
factors. See tit. FaetorN.
fraud of, 2306.
eeneral aii^eiit

autliority to receive price, 2325.

defined, 2297.
general or special agency, 2297.
incapacity of party terminates, 2345.
indemnity against acts of, 2775.
instructions, agent's power to disobey, 2320.
instrument executed by binds principal, wlien, 2337.
instrument intended to l)ind principal does not bind agent.

2337.
insurance by, 2589.



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