Copyright
George Washington Paschal.

American law and procedure (Volume 1) online

. (page 1 of 29)
Online LibraryGeorge Washington PaschalAmerican law and procedure (Volume 1) → online text (page 1 of 29)
Font size
QR-code for this ebook


UNIVERSITY

OF CALIFORNIA

LOS ANGELES



SCHOOL OF LAW
LIBRARY



So



.%



A \



AMERICAN
LAW AND PROCEDURE



VOLUMES I TO XII PREPARED UNDER THE
EDITORIAL SUPERVISION OF

JAMES PARKER HALL, A.E., LL.B.

Dean of Law School, University of Chicago
AND

VOLUMES XIII AND XIV BY

JAMES DeWITT ANDREWS, LL.D.

FORMERLY OF THE LAW FACULTY
NORTHWESTERN UNIVERSITY

Author of "Andrews' American Law," Editor "Andrews'

Stephens' Pleading," "Cooley's Blackstone,"

"Wilson's Works," etc.



A Systematic, Non-Technical Treatment of American

Law and Procedure, Written by Professors and

Teachers in Law Schools, and by Legal

Writers of Recognized Ability.



PUBLISHED BY

LA SALLE EXTENSION UNIVERSITY
CHICAGO

1917



AMERICAN LAW AND PROCEDURE

VOLUME I.

PREPARED UNDER THE EDITORIAL SUPERVISION OF

JAMES PARKER HALL, A.B., LL.B.

Dean of the University of Chicago Law School

INTRODUCTION BY
JAMES PARKER HALL, A.B., LL.B.



CONTRACTS

BY

HARRY SANGER RICHARDS

Ph.B., LL.D. (State University of Iowa)

LL.B. (Harvard University)

Dean of College of Law, University of Wisconsin



QUASI-CONTRACTS

BY
WALTER WHEELER COOK

A.B., A.M. (Columbia University), LL.M. (Columbia University)
Professor of Law, Yale University



AGENCY



BY



CHARLES ANDREWS HUSTON

A.B. (University of Chicago), J.D. (University of Chicago)
Dean of Law, Leland Stanford, Jr., University



COPYRIGHT, 1910, 1911. 1912, 1913, 1915
BY

LaSALLE extension university



CAa






CONTENTS



Prefatory Note *••••

INTRODUCTION.

CHAPTER I.
Law: Its Meaning, Sources, and Classification.

SECTION 1.

What is Law?

§ 1. Varying uses of the word "law" ▼

§ 2. Laws of God ™

§ 3. Moral laws ™

§ 4. Laws of nature v ] m

§ 5. Laws of logic and esthetics v ^

§ 6. Economic laws y m

§ 7. Law as a rule of human conduct enforced by the state is

§ 8. Suggested qualifications of this ix

SECTION 2.

Sources of Law.

§ 9. Custom x #

§ 10. Same : Illustrations x *

§ 11. Adjudication as a source of law ^

§ 12. Legislation as a source of law xm

SECTION 3.
Classification of Law.

§ 13. Analytical classifications av

§ 14. Practical classifications xv

§ 15. The common law XV1

CHAPTER II.
Outline of English Legal History.
§ 16. Roman and English law. Scope of chapter xviii

SECTION 1.

Early influences affecting English Law.

§ 17. Britains and Romans X1X

§ 18. Anglo-Saxons and Danes xx >

§ 19. The Normans i xxi



CONTENTS

SECTION 2.

Development of English Law from Henry II to American Independence.

§ 20. Early modes of trial xxii

§ 21. Trial by jury xxii

§ 22. Legal reforms of Henry II S xiv

§ 23. Magna Charta S xv

§ 24. Legislation of Edward I xxvi

§ 25. Legislation of Henry VIII xxviii

§ 26. The Stuart period xxix

§ 27. The eighteenth century xxx

§ 28. Growth of judge-made law xxx

section 3.
Courts of Equity.

§ 29. Original theory of king's courts xxxi

§ 30. Early development of court of chancery xxxii

§ 31. Contest between chancery and common law courts xxxiii

§ 32. Development of equity jurisdiction xxxiv

§ 33. Function of equity xxxv

section 4.

Other English Legal Systems.

8 34. Admiralty law. Canon law. Law merchant xxxvii

SECTION 5.
Classical Legal Literature.

§ 35. . Early legal literature : Glanville and Bracton xxxviii

§ 36. Same: Year Books. Littleton's Tenures xxxix

§ 37. Lord Coke xl

§ 38. Blackstone xli

CHAPTER III.
Use of Judicial Precedents.

§ 39. Occasion and mode of judicial law-making xlii

§ 40. Same : Illustration xliii

§ 41. Judicial precedents ordinarily followed xlv

§42. How far decisions create precedents. Illustrations xlvi

§ 43. Same : Conclusion xlviii

§ 44. Same : Several questions in a case xlviii

§ 45. Same : Dicta xlix

§ 46. When precedents may be overruled xlix

§ 47. Precedents from other jurisdictions 1

§ 48. How precedents are collected and cited li

§ 49. Statutes liij



CONTENTS



CONTRACTS.



CHAPTER I.
Preliminary Topics.

SECTION 1.

Classification of Rights.

§ 1. Absolute and relative rights 1

§ 2. Classification of relative rights 2

SECTION 2.

Historical Development of Contracts.

§ 3. Primitive law 3

SECTION 3.

Classification of Contracts.

§ 4. Contracts and quasi-contracts 4

§ 5. Formal and informal contracts 4

§ 6. Express and implied contracts 5

§ 7. Executed or executory contracts 5

§ 8. Bilateral and unilateral contracts 6

PARTI.

FORMATION OF CONTRACTS.

CHAPTER II.
Offer and Acceptance.

§ 9. Contract defined 7

§ 10. Agreement must contain a promise 7

§ 11. Promise must be enforceable in law 8

§ 12. Motive is not material 8

§ 13. Meeting of minds 9

§ 14. When a knowledge of terms of offer is presumed 11

§ 15. Actual meeting of minds not required 12

§ 16. Offer must be communicated 12

§ 17. Where the contract arises 13



CONTENTS

f 18. Acceptance must be communicated 15

§ 19. Mere silence not an acceptance 15

§ 20. Wihen actual receipt of acceptance is neccessary 16

§ 21. Acceptance must be responsive to offer 17

§ 22. Notice of acceptance. Unilateral contracts 18

§ 23. By whom offer must be accepted 19

§ 24. Certainty of terms : Advertisements as offers 19

§ 25. When advertisement is an offer 20

§ 26. Clear evidence of intent to make an offer is required 21

§ 27. Binding force of agreement preliminary to formal contract 22

§ 28. Acceptance must be in the terms of the offer 23

§ 29. Effect of counter offer 24

§ 30. Revocation of the offer 24

§ 31. Revocation where offer is to remain open for a definite time. 25

§ 32. Options 26

§ 33. Revocation of offers to public 26

§ 34. When revocation is communicated 26

§ 35. Termination by lapse of time 27

§ 36. Period of offer determined by the subject matter 28

§ 37. Answer by return mail 29

§ 38. Effect of death 29

| 39. Effect of insanity 30

CHAPTER in.

Consideration.

§ 40. Consideration 32

§ 41. Origin of doctrine 33

§ 42. Motive and consideration 34

§ 43. Adequacy of consideration 36

§ 44. Benefit to the promisor 37

§ 45. Illusory promises 37

§ 46. Consideration void in part 38

§ 47. Subscription contracts 39

§ 48. Composition with creditors 41

§ 49. Performing or promising to perform a contract obligation. 42

§ 50. Same : Apparent exceptions to the rule 44

§ 51. Promises to third persons 45

§ 52. Performance of a non-contract obligation 47

§ 53. Forbearance or compromise of a claim 48

§ 54. An actual claim must be presented 50

§ 55. Forbearance to sue 50



CONTENTS

§ 56. Past consideration 52

§ 57. Same : Apparent exception to the rule 53

§ 58. Moral consideration 55

§ 59. Same : Apparent exceptions to the rule 55

§ 60. Action on the original contract 57

§ 61. Original obligation void 57

CHAPTER IV.

Contracts under Seal. Parties.

§ 62. Definition 59

§ 63. Seal. Form and signature 59

§ 64. Delivery. Escrow 60

§ 65. Consideration 60

§ 66. Other modifications of the old rules 61

§ 67. Disabilities limiting contractual capacity 62

§ 68. Insane persons and idiots : English rule 62

§ 69. Same : American rule 63

§ 70. Where insanity is known 63

§ 71. When the contract is void 64

§ 72. Monomania and lucid intervals 64

§ 73. Drunkards 65

§ 74. Infants 66

§ 75. Married women 66

§ 76. Corporations 66

CHAPTER V.

Statute of Frauds.

§ 77. Policy of the statute 68

§ 78. Provisions of the statute 69

§ 79. Special promise by executor or administrator to pay out

of his own estate 70

§ 80. Promise to answer for the debt, default or miscarriage

of another 70

§ 81. Agreements in consideration of marriage 71

§ 82. Contracts for the sale of land, tenements, etc 71

§ 83. Agreements not to be performed within the space of a year 72
§ 84. Same: Performance contingent on an uncertain event.... 72

§ 85. Contracts for the sale of goods, wares and merchandise 74

8 86. The memorandum 74



CONTENTS

PART II.

OPERATION OF CONTRACTS,

CHAPTER VI.

Joint and Several Contracts. Alternative Contracts.

§ 87. Joint or several liability 75

§ 88. Joint contracts 76

§ 89. Survivorship 76

§ 90. Joint and several obligations 76

§ 91. Contracts performable in the alternative 78

CHAPTER VII.
Rights and Liabilities of Third Persons.

SECTION 1.

Right of a Beneficiary under a Contract to Which He Is Not a Party.

§ 92. General doctrine. Lawrence v. Fox 81

§ 93. Must benefit to third person be intended? 82

§ 94. Mere incidental benefit insufficient 83

§ 95. Limitations upon Lawrence v. Fox in New York 84

§ 96. Rescission by the parties to the contract 84

§ 97. Defences to suit by third party 85

§ 98. Election of remedies 85

§ 99. Real party in interest 86

§100. Proper basis of the rule 86

SECTION 2.
Assignment of Contracts.

§101. General doctrine 87

§102. Suit in name of assignor 87

§103. What claims are assignable 88

§104. Same : Personal service 89

§1 05. Same : Future interests 90

§106. Same : Contracts non-assignable in terms 90

§107. Same : Public policy 90

§108. Prerequisites of a valid assignment; 91

§109. Notice to the debtor 91

§110. Successive assignments 92

§111. Partial assignments 92

§112. Negotiable contracts 93

§113. Assignments by operation of law 94

§114. Rights of the assignee 94



CONTEXTS

CHAPTER VIII.
Interpretation and Construction of Contracts.

§11.5. Scope of subject 96

§116. Problem of interpretation 96

§117. Rules of interpretation 97

§118. Oral contracts 97

§119. Written contracts 97

§120. Parol evidence rule 97

§121. Dependent or independent promises 98

§122. Independent promises 99

§123. Dependent promises 100

§124. Time for performance 100

§125. Where act on one side requires time 101

§126. Where one act is to be done first 101

§127. Test of mutual dependency 102

§128. Contracts conditional on satisfaction 102

§129. Notice of facts upon which performance depends 103

§130. Implied conditions 104

§131. Where the consideration is not apportioned 105

§132. Installment contracts 106

§133. Same: Illustrations 107

§134. When the right of action accrues. Anticipatory breach. ..109

CHAPTER IX.
Remedies for Breach of Contract.

§135. Available remedies 112

§136. Money damages 112

§137. Specific performance 112

§138. Money damages : Details of the remedy 113

PART III.

DISCHARGE OF CONTRACTS.

CHAPTER X.
Discharge by Act of the Parties.

SECTION 1.

Rescission.

§139. By mutual agreement .114

§140. Dependent relative rescission 115

§141. Rescission for a default under the contract 115



CONTENTS

SECTION 2.

Release.

§142. Release 115

§143. Covenant not to sue as a release .115

section 3.
Accord and Satisfaction.

§144. Accord and satisfaction : Unilateral 116

§145. Same : Bilateral 116

§146. Equitable relief 117

§147. Conditional satisfaction 117

§148. Instruments under seal 117

§149. Accord and satisfaction by implication 118

section 4.
Novation.

§150. Definition • 118

§151. Substitution of parties 119

§152. Substitution of creditors 120

CHAPTER XI.
Illegality.

§153. Illegal contracts 122

§154. Gaming contracts 123

§155. Commercial wagers 123

§156. Insurance contracts as wagers 124

§157. Furtherance of illegal purpose 124

§158. Agreements in restraint of trade 125

§159. Valid restraints : Trade secrets 125

§160. Same: Goodwill 125

§161. Statutory prohibitions 127

§162. Rule in the absence of statute 127

§163. Agreements tending to defeat the administration of justice:

Stifling prosecution 128

§164. Same : Exceptions to above rule 128

§165. Same : Champerty 129

§166. Same : Maintenance 129

§167. Agreement to influence public officials 130

§168. Restraint of marriage 131

§169. Contracts to defraud third persons 131

§170. Sunday contracts 132

§171. The effect of illegality 132

§172. Where the contract is divisible 132



CONTENTS

§173. Where the act is highly immoral 133

§174. Acts forbidden or penalized by statute 134

§175. Intention of parties immaterial 134

§176. Right of innocent party 135

§177. Negotiable paper given for illegal purposes 135

§178. Parties not in equal fault 136

§179. Where the illegal purpose is not consummated 137

§180. Recovery from a stakeholder 137

§181. Conflict of laws 138

CHAPTER XII.
Impossibility.

§182. Risk of loss 139

§183. Absolute impossibility 139

§184. Impossibility known to one party only 139

§185. Subsequent impossibility 140

§186. Acts of God 141

§187. Impossibility known to delinquent party 142

§188. Contract dependent on the existence of a particular thing. 143

§189. Acts of law 144

§190. Acts of war 146

§191. Increased expense 146

§192. Alternative contracts 147

§193. Impossibility occasioned by act of the party 147

§194. Rights of parties where contract can not be performed

on account of impossibility 147

CHAPTER XIII.
Mistake.

§195. Mutual mistake 150

§196. Mistake by one party 151

§197. Mistake as to identity of a party 151

§198. Mistake known to the other party 151

§199. Mistake as to form 152

CHAPTER XIV.
Improper Conduct Inducing the Contract.

§200. Non-disclosure of facts 153

§201. Affirmative misrepresentations 154

§202. Distinction between effect of misrepresentation and of

fraud 155

§203. What is a false statement? 155



CONTENTS

§204. Statements of law 156

§205. Effect of fraud 157

§206. Undue influence and duress: In general 157

§207. Undue influence : Special cases 158

§208. Effect of undue influence and duress 158

QUASI-CONTRACTS.

CHAPTER I.
The Nature of Quasi-Contractual Obligations.
§ 1. Historical connection of quasi-contract with forms of

pleading 160

Its extension by Lord Mansfield 162

Quasi-contracts distinguished from true contracts 163

Definition of quasi-contract 165

A record gives rise to a quasi-contract 165

A statutory duty may give rise to a quasi-contract 166

An official duty may give rise to a quasi-contract 167

Unjust enrichment the basis of most quasi-contracts 167

CHAPTER II.
Waiver of Tort.

Meaning of ' ' waiving the tort. " 169

Conversion and sale. Measure of recovery is amount re-
ceived 171

§ 11. The quasi-contract arises when the money is received.

Statute of limitations 172

§ 12. Money or its equivalent must be received 173

§ 13. Conversion and no sale : May tort be waived? 175

§ 14. Same : Illustrations 176

§ 15. Same : Conclusion 177

§ 16. Recovery in quasi-contract for use of personal property. . .178

§ 17. Same : Illustrations 179

§ 18. Recovery for use of real property 180

§ 19. Same : Measure of recovery 182

§ 20. Recovery of fees or salary of public office 183

§ 21. Recovery for services illegally obtained 184

§ 22. Recovery for services of apprentice enticed away 185

§ 23. Recovery for benefits conferred under invalid marriage .... 186
§ 24. Right to recover benefits conferred under sale rescinded

for fraud 187

§ 25. Election of remedies .189



§


2.


§


3.


§


4.


§


5.


§


6.


§


7.


§


8.


§


9.


§


10.



CONTENTS

CHAPTER III.
Recovery for Benefits Conferred without a Contract.

SECTION 1.

Recovery of Money Paid under Compulsion.

§ 26. No recovery if parties are "in pari delicto." 191

§ 27. Transaction illegal on account of statute for protection of

plaintiff 192

§ 28. Money paid under duress of goods 193

§ 29. Money paid under compulsion of legal process 195

§ 30. Money paid under a judgment 197

§ 31. Money paid to prevent illegal seizure for taxes 198

§ 32. Money paid in discharge of a duty 199

§ 33. Contribution between joint wrong-doers 201

§ 34. Same : Where recovery is allowed 201

§ 35. Contribution between co-contractors 203

section 2.
Recovery for Benefits Conferred without Request.

§ 36. Where plaintiff intends to benefit defendant 204

§ 37. Same : Saving property 205

§ 38. Benefits conferred at request of third party 206

§ 39. Improvements made in good faith upon another's land.... 207
§ 40. Recovery for services rendered by a supposed slave 2*08

CHAPTER IV.
Recovery for Benefits Conferred under a Contract.

SECTION 1.

Benefits Conferred under a Mistake of Law.

§ 41. Distinction between law and fact 210

§ 42. Mistakes of law 210

SECTION 2.

Benefits Conferred under a Mistake of Fact.

§ 43. Mistake of fact as to existence of contract 212

§ 44. Mistake as to the subject matter of the contract 213

§ 45. Mistake as to the title of seller: Personal property 214

§ 46. Same : Real property 215

SECTION 3.

Plaintiff in Default under a Contract.

§ 47. Wilful default 216

§ 48. Inexcusable but not wilful default 217

§ 49. Performance impossible 217



CONTENTS

§ 50. Plaintiff to plead the statute of frauds 219

§ 51. Performance illegal 220

SECTION 4.

Defendant in Default under a Contract.

| 52. Defendant wilfully or inexcusably in default 221

§ 53. Performance impossible 223

§ 54. Defendant able to plead the statute of frauds 224

§ 55. Performance illegal .225

CHAPTER V.
Quasi-Contractual Obligations in the Law of Persons.

§ 56. Liability of infant for necessaries 227

§ 57. Liability of insane person for necessaries 227

§ 58. Liability of husband for wife's necessaries 228

| 59. Liability of father for necessaries furnished child 229



AGENCY.

CHAPTER I.
Fundamental Conceptions.

§ 1. The function of agency 230

§ 2. Agent and servant : Definitions 231

§ 3. Responsibility for the agent's act 231

§ 4. Personal character of the relation 232

§ 5. Purposes for which an agency may be created 232

§ 6. The parties involved in the relation 233

PART I.
THE RELATION AS BETWEEN PRINCIPAL AND AGENT.

CHAPTER II.

The Formation of the Relation.
section 1.

Competency of the Parties.

§ 7. Capacity to act as principal 235

§ 8. Same : Infants as principals 235

§ 9. Same: Married women 236

§ 10. Same: Insane persons 236

§ 11. Same: Corporations 237

§ 12. Same: Partnerships 237

§ 13. Same : Unincorporated associations 237



CONTENTS
§ 14. Capacity to act as agent 258

SECTION 2.

Formation of the Relation by Prior Agreement.

§ 15. Essentials of the relation 238

§ 16. Implied assent 239

§ 17. Gratuitous agency 240

section 3.
Formation of the Relation by Ratification.

§ 18. Ratification : Definition 240

§ 19. Ratification is equivalent to prior authorization 241

§ 20. Ratification is irrevocable 242

§ 21. Conditions of valid ratification 242

§ 22. Act must be performed for existing principal 242

§ 23. Act must be done on behalf of a principal disclosed to third

party 243

§ 24. The principal must be competent to do the act 244

§ 25. Intervening rights of strangers must be respected 245

§ 26. Intervening rights of third parties must be respected 245

§ 27. Transaction cannot be ratified in part only 246

§ 28. Ratification must be with full knowledge of fact 247

§ 29. Ratification may be expressed or implied 248

section 4.
Formation of Quasi- Agencies by Operation of Law.

§ 30. In general 249

§ 31. Agency by estoppel 250

§ 32. Agency by necessity 250

section 5.
Form of Appointment.

§ 33. In general parol appointment sufficient 251

§34. Exceptions: Statutes: Sealed instruments 251

CHAPTER m.

Termination of the Relation.

§ 35. In general 253

§ 36. Termination by consent of principal and agent 253

§ 37. Revocation by the principal 254

§ 38. Rights of the agent on revocation 255

§ 39. When revocation is justified 255

§ 40. What constitutes a revocation 256

§ 41. Necessity of notice of revocation 256

§ 42. Renunciation by the agent 258



CONTENTS

§ 43. Termination by operation of law: Change in the subject

matter 259

§ 44. Same : Death of a party or dissolution of a corporation or

partnership 259.

§ 45. Same : Various changes of condition of one of the parties. .261

§ 46. Irrevocable agencies: Powers granted for the protection

of the agent 261

§ 47. Same : Powers coupled with an interest 262

CHAPTER IV.
Obligations of Principal to Agent.

SECTION 1.

Obligation to Recompense.

§ 48. Compensation 264

§ 49. Reimbursement 265

§ 50. Indemnity 266

SECTION 2.

Obligation to Protect.

§ 51. Protection from injury : In general 266

§ 52. Classification of duties 267

§ 53. Duty to provide a safe place to work 267

§ 54. Duty to provide and maintain safe appliances and ma-
chinery 268

§ 55. Duty to inspect and repair 269

§ 56. Duty to provide a sufficient force of competent fellow

servants 271

§ 57. Duty as to rules 271

§ 58. Duty as to special orders, etc 272

§ 59. The servant's right to rely upon performance by the

master 273

§ 60. Character of these duties cannot be delegated 274

§ 61. Qualifications of the rule : In general 274

§ 62. Same: Voluntary assumption of the risk by the servant. .274

§ 63. Same : What assumption is involuntary 276

§ 64. Same : Contributory negligence of the servant 277

SECTION 3.

Exception to Obligation to Protect: Fellow Servant Rule.

§ 65. The nature of the fellow servant rule 277

§ 66. Limitations on the fellow servant rule: Master liable if

participating in the injury 279

§ 67. Same: Master liable for a vice-principal's wrong 279



CONTENTS

§ 68. The superior servant doctrine 2S0

§ 69. The different department doctrine 281

§ 70. Who are fellow servants : In general 282

§ 71. Same: Servants having a common master 282

§ 72. Same : Servants having a common employment 284

§ 73. Statutory modifications of the fellow servant rule 284

CHAPTER V.
Obligations of Agent to Principal

§ 74. The duty of obedience 286

§ 75. Same : Gratuitous agents 286

§ 76. Same : Exceptions 287

§ 77. Loyalty 288

§ 78. Same: Agent cannot make personal profit out of his

transactions 2S8

8 79. Same : Agent cannot represent both parties 289

§ 80. Care, skill, and diligence : Paid agent 290

§ 81. Same : Gratuitous agent 291

§ 82. Accounting 291

§ 83. Communication 291

§ 84. Personal discharge of his functions as agent 292

§ 85. Same : Ministerial acts 293

§ 86. Same: Delegation customary in the particular business 293

§87. Consequences of a permitted delegation 294

PAET II.

THE RELATION AS BETWEEN PRINCIPAL AND THIRD

PARTY.

CHAPTER VI.
Principal's Responsibility for Torts of Agent.

§ 88. Reason for holding the principal responsible 295

§ 89. Torts actually authorized 296

§ 90. Torts necessarily or usually incident to an authorized

course of action 296

§ 91. Unauthorized torts committed in the course of the sei -
vant's employment and in the intended furtherance of

the master's business 297

§ 92. Same : Wilful acts 298

§ 93. Same (continued) 300

8 94. Same: Fraud 300

VoL 1—2



CONTENTS

§ 95. Special liability of the master in cases of contract with a

third party 301

§ 96. Same : Where the master has entrusted a dangerous instru-
mentality to the servant 302

§ 97. Same: Application of doctrine to frauds of agent 303

§ 98. Exception in case of public agencies 305

§ 99. Master not liable for acts of independent contractor 305

§100. Master not liable for torts of servant temporarily trans-
ferred to another master 306

§101. Master not liable for torts of an interloper 307

CHAPTER VII.
Principal's Responsibility for Crimes of Agent.

§102. Civil liability 308

§103. Criminal liability: In general liable only for authorized

acts 308

§104. Same : Exceptions 309

CHAPTER VIII.

Principal's Responsibility for Contracts Made on

His Behalf by Agent.

§105. Division of subject 310

SECTION 1.

Contracts Made for a Disclosed Principal.

§106. General rule 310

§107. Extent of agent 's authority 310

§108. Authority actually conferred binds the principal 311

§109. Forms of conferring express authority and their construc-
tion 311

§110. Incidental authority: In general 312

§111. Same: Where the principal instructs against the use of

incidental authority 314

§112. Same: Illustrations of authority incident to the nature

of the agency 314

§113. Same : Agents to sell 315

§114. Same : Agents to purchase 315

§115. Same: Agents to manage a business or property 316

§116. Same: Factors 316

§117. Same: Brokers 318

§118. Same : Auctioneers 319

§119. Same : Attorneys at Law 320



Online LibraryGeorge Washington PaschalAmerican law and procedure (Volume 1) → online text (page 1 of 29)