INDEXall[The figures refer to pages]

ACCEPTING BENEFITS. ,Ratification by, see Ratification.

ACCIDENT, see Workmen’s Compensation Acts.ACCOUNTING, ee Habillty of Representative to Constituent.ACQUIESCENCE,, Ratification by, see Ratification.ACTIONS, see Damages; Evidence: Trial.Form of, see cases under Liability (various headings).In law or in equity, 423.Case or trover, 400.Trover, when appropriate, 619 and note; see, also, Conversion by

Agent.Against agent, 400, 416.

_ What amounts to conversion, 619 and note.Trespass by agent against third person, 644.Third person against agent, 620 and note.For disobedience by agent, 400.

Assumpsit by principal, 400, 406, 759.V By agent, 630, 631, 634, 638.Quantum meruit for services, 440, 441.When contract specifies amount, 221, 435 and note. 448.When constituent terminates relation, 461. .

Parties to, see Execution of Authority; Factors; Liability (various headings).Proper parties in general, 759, 768.Principal’s right superior to agent’s, 632 and cases following.Sealed instruments, 691 and note, 763. _Negotiable instruments, 326 and note, and cases following. _

ADMISSIONS OF AGENT, see Evidence; Liability of Constituent to thirdPerson.

ADOPTION, see Ratification. "

ADVANCES,By factor, 406.

ADVERSE INTEREST, see Authority of Agent; Liability of Representativeto Constituent. I

AGENCY, see Agent, Delegation of Authority; Termination of Relation.Defined, 2, 4.Distinguished from sale, 1, 22; see, also, Agent.Partnership, p. 21 note.Maxims ot, see Qui Facit per Alium.Parties to, see Agent; Clubs and Unincorporated Societies; Creation ofRelation; Execution of Authority; Principal.Purpose, see Purposes of Agency.How created, see Authority of Agent; Creation of Relation.~ Double agency, see Authority of Agent; Compensation of Representative;

Liability oi! Representative to Constituent.Agent act for himself and his principal, 239.After termination of agency, 187.

GODD.PB.& A. (20 ED.) (925)

4

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926 . mnnx

[The figures refer to pagan]AGENCY—Continued. , I

Agent for two principals. 674. ~

For vendor and vendee, 143, 374, 674.When lawful, 673 and note.

As aflfecting right to compensation, see Compensation of Representative.

AGENT, see Compensation of Representative; Liability of Constituent toRepresentative; Liability of Representative to Constituent; to ThirdPerson; Liability of Third Person to Representative; Reimbursementand Indemnity of Agent. _Defined, 2.Distinguished from servant, 7.From trustee, 21.From independent contractor, 10, 11. .From lessee, p. 21 note.

Classes 0£,_in general, 29.General and special, 29, 60; see, also,-General Agent; Liability 01'Constituent to Third Person; Special Agent.Universal agent, 8, 29.Collecting, liability of, 349 and note.

How appointed, see Authority of Agent; Creation of Relation.For what purposes employed, see Purposes of Agency.Must act in principal's name, 32, 308; see, also, Execution of Authority.Who may act as, 39 and cases following.Infant, 39, 40.

Cannot act for sell’, 90, 192, 247, 295, 671; see, also. Agency; Authorityof Agent; Compensation of Representative; Liability of Representativeto Constituent; Termination of Relation.Ratification by, 100 and note.Right to appoint subagent, see Delegation of Authority.

AMBIGUOUS AUTHORITY, see Construction of Authority.

APPARENT AUTHORITY, see Authority of Agent; Estoppel.APPENDIX, "

Employe’r’s Liability Act, 905.Workmen’s Compensation Act, 907.

APPOINTMENT OF AGENT, see Authority of Agent; Creation of Relation.ASSOCIATIONS, see Clubs and Unincorporated Societies.

ASSUMED RISK, see Master; W0rkmen's Compensation Acts.ASSUMPSIT, see Actions.ATTORNEY AT LAW,Authority of agent to employ, 3112, 471.As collecting agent, 410; see, also, Delegation of Authority.Liability tor mistakes, p. 409 note.

Compensation of, 440.

ATTORNEY IN FACT, see Creation 0! Relation.How constituted, 31. .Delegation of authority by, 342.

AUCTIONEER, ,As agent for undisclosed principal, p. 599 note, 600.Liability for money paid by mistake, 605, 607.For property sold without title, 609.

Sue on contract in own name, 636.

AUTHORITY OF AGENT, see Construction of Authority: Creation 01' Relation; Execution ot Authority; Ratification; Termination of Relation,How conferred, see Creation of Relation. _Burden or proof to show, see Evidence.

mnnx 927[The figures refer to pages]

AUTHORITY OF AGEl\‘T—Continued,Nature, -

Implied, see Creation of Relation.\\'hen arises, 62, 267.When not, 64, 136, 231, 262, 280.Distinguished from apparent, 66; see, also, Estoppel.

- As to acts incidental to employment. 281 and note; p. 291 note.Limited to acts ot like kind, 232, 295.

Express, verbal, 267; see, also, Express Authority.Implied added to, 278, 281 and note.Written, under seal. 74; see, also, Seal, Authority under.When writing required. 31; see, also, Construction of Authority;

PxpressAuthority; Power of Attorney; Written Author

ty.Scope of, 279; see, also, Construction of Authority.Oral evidence to enlarge or explain, 279, 283; see, also, EVIdence.

Apparent authority, and actual, 65. 67, 257; see, also, Estoppel.Of agent of corporation, see Corporations.Is actual as to third persons, 242 and note, M5 and note, 258,260, 261.Indicia of authority, 257, 258, 261.Amounts to estoppel, 263. .

Lignitedto appearances given by principal, $2 and note, 263, 265,

. 11.Instructions of principal as limiting, 236.Secret, as to third persons, 238, 242, 243, 245 and note, 246,248, 257, 268, 294, 298. .Known limitations, 246, 248; see, also, Liability or ThirdPerson to Constituent.

Extent of authority, in general. 230 and note.How limited, 63, 238, p. 245 note, 252, 301.When written, 234, 235, 280, 283, 298.

Includes what, 278, 282 and note, 295.Third persons ascertain at peril, 65. 234 and note, 235, 238, 239, 248,252, 298 and note; see, also, Liability of Third Person to Constituent.Usage and custom as affecting, 66, 230, 253 and note, 255, 282, 283,295.Incidental power, 65, 232, 267, 282, 296.Scope of authority.H,olding out of principal. 64. 242, 2-i4.Acts within scope, 61, 236. 242.Frauds. etc.. see Liability of Representative to Constituent:to Third Person.Outside scope, 234 and note, 239, 248, 253, 269.

Of general agent to do acts naturally resulting, 238, 242, 295.Acts for personal benefit of agent, 239 and note, 249, 295; see,also, Agency; Agent; Liability of Representative to Constituent.As shown by acts or representations of agent, 234 and note, 235,238. 239.As affecting tort liability of principal, 731 and note, 734 and note.

Of general and special agencies, p. 30 note, 249, 293 and note, 295.Limitations on authority in, 253, 295, 297.When unknown, 261 and note.

Scope of apparent authority, 64, 236, 246, 259, 293, 310.Distinctions as to extent of general and special authority, 267,282 and note, 293, 297, 298 and note, 742; see, also, General

, Agent; Special Agent.Authority to borrow, general rule, p. 290 note.Power perilous, 288.When not implied, 136.

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928 mnnx- [The figure: 1-eter to pngen]

AUTHORITY OF AGENT--Continued,"Of cashier of bank, 238.

To buy, not authority to lend, 114.Of manager of business, 237, 252.When implied, p. 292 note, 237.

To collect, when implied from possession of securities, 214, 232, 284, 285,286 and note. _From power to sell, 234.From authority to collect interest, 286 and note.What included, 295, 302.When remit proceeds, 430. ~

When foreclose mortgage, 232.When lndorse negotiable paper, p. 289 note.What receive in payment, 62, 269, 302, 582.Not before or after maturity, 269.

Compromise debt, 295, 302.To manage business, 282, p. 292 note, 294.Whether indorse negotiable paper, 291.

To lease or rent property, p. 292 note.To settle claims and bring suit, p. 292 note.To make contracts of employment, p. 292 note; see, also, Attorney atLaw; Physician. -

To make and indorse negotiable paper, 2S9 and note, 291, 301, 582.To sell personal property, see Liability of Representative to Constituent,for loyalty.

~ Possession as proofi of, 257, 259 and note.'

To warrant quality, .p. 255 note.To sell on credit, 255.Not to exchange, 100, 255.

'When collect, 234, 269, 295.To fix terms, p. 255 note. 298.To do usual and necessary things, 298.Authority ot factor, 406.

To sell real estate,May be implied, 277.Not from power to flnd buyer, 273.Must be clear, 124, 272 and note.

When written power required, 273; see, also, Express Authority;Written Authority.Power to fix terms, 60.To exchange, 284. .

To sell on credit, 143, p. 272 note.To collect the price, 62, 270 and note.Not after agency terminated, 214, 218.

To convey with warranty, 2'73 and note, 279 and note, 304.Deed as equitable contract to convey, 277; see, also, Deed.

BAILEE,Distinguished from servant, 14.

BANK, see Cashier; Corporations.As collecting agent, see Delegation of Authority.Money deposited in agent's name, 424, p. 425 note, 426 and note.

BANKRUPTCY, see Termination of Relation.

BENEFITS,Acceptance of as ratification, see Ratification.

BLANKS IN A DEED,Power to fill, 74, 77.

BORROW,Authority 0! agent to, 136; see, also. Authority of Agent.

1

A _ _ - _ _4

ism-:x 929

[The figures reler to Pages]BROKER,Authority to sell in own name, 257.Real estate broker, defined, 273.Right to act for two parties, 368. ,

Liability when principal undisclosed, p. 599 note.Compensation when earned, 207, 220, 273, 459 and note, 464 and note.From both parties, 375.When forfeited, 377; see, also, Compensation of Representative.

When to sue or be sued on contract of, 758-760.

BURDEN OF PROOF, see Evidence.BUY,Agent to, see Authority of Agent; Liability oi! Representative to Constituent, tor loyalty.

CAPACITY TO ACT, see Agent; Clubs and Unincorporated Societies; Principal. ,

CARE AND SKILL, see Liability of Representative to Constituent.CASHIER.Execution of drafts by, 319.Liability of banks on checks signed by, 333, 666.As oifice cash keeper, 288.

CHECKS, see Authority of Agent.CHILD, see Infant.CLUBS AND UNINCORPORATED SOCIETIES,Liability on contracts of. 111, 592.and note, 594.Not partnerships, 111, 592 and note.Ratification by, 111.

COLLECTING AGENT, see Authority of Agent; Delegation of Authority.COLLUSION,Between agent and third person, p. 775 note.

COMMISSION MERCHANT, see Factor.COMMISSIONS OF AGENT, see Compensation of Representative.COMPENSATION OF REPRESE.\‘TA'1‘IVE, see Actions; Hen of Agent.Right in general, 434 and note, 4-ll.Amount of pay, 435 and note, 439.Of attorney at law, p. 434 note, 440.

When agency for illegal purpose, 47, 61 and note.When principal refuses to carry out contract, 163.Revokes authority of agent, 1S8, 191, 201.

When agent abandons agency, 447 and note, 465 and note.Is discharged, 196, 208 and eases following, 451 and note, 454; see,

also, Reimbursement and Indemnity of Agent; Termination oi‘Relation.Constructive service doctrine, 455 and note.

Acts as mere middleman, 375. -

When disloyal, 363 and cases following.Commissions when earned, 205, 220, 273, 442, 459, 461 and note.

COMPROMISE,Authority of agent to,-see Authority of Agent to collect.

CONDUCT OF PRINCIP.-\I,,As establishing agency, see Authority of Agent, implied; Creation ofRelation; Estoppel; Ratification.

CONFIDENCE, see Agency; Agent; Delegation of Authority; Terminationof Relation.

CONSIDERATION, see Ratification.CON STITUENT, see Preface p. ix; 278.

Gonn.Pa.& A. (20 Eo.)—59

930 mnnx[The figure: refer to pages]

CONSTRUCYJIION OF AUTHORITY,In view of surrounding circumstances, 277, 300; see, also, Usage and

Custom.And of the whole contract, 60.

When contract written, 234, 267, 301 and note, 403.Question tor court, see Trial.Strict construction of power of attorney, 234. 300 and note, 306, 314.Includes usual and necessary acts, 304; see, also, Authority of Agent.Ambiguous power, 303.Restrained to business of principal, 300, 306 and note.

General words how construed, 306.Intentions regarded, 305 and note, 330.Also way intent effected, 314. -

CONSTRUCTIVE SERVICE, see Compensation of Representative.CONTINGENT FEES, 47, 51 and note.CONTINUING EMPLOYMENT,Presumed at former wages, 435; see, also, Yearly Hiring,

CONTRACT,Of agency, see Creation of Relation.Illegal, see Compensation of Representative; Liability of Representativeto Constituent, for accounting; Ratification.On what contract agent liable, see Liability oi‘ Representative to ThirdPerson. #

Executlon of by agent, see Execution of Authority.Under seal, see Liability of Third _Person to Constituent; to Representative; Seal, Authority Under.Execution of by agent, % Execution of Authority.In presence of principal, 78. _

1

_ Deed as equitable contract to convey, see Deed. .

CONTRIBUTORY NEGLIGENCE, see Master, defenses; Workmen’s Compensation Acts.

CONVERSION BY AGENT, see Actions.Ot money, 416, 429.

CORPORATIONS,Who agent of, 61.Agent how appointed, 61.Can act only by agent, 119. 432.Authority of president, 106.May ratify acts of agents, T1, p. 92 note, 99 and note.rtatification of acts of promoters, 82, 92 and note, 93.Ratification by, how made, 119.Liability on unauthorized contracts of agent, 584.Liability of agent, 588.Notice to directors of, 750, p. 755 note.

COURSE OF EMPLOYMENT, see Liability of Constituent to Third Person, intort; Workmen’s Compensation Acts.

COURT, see Trial. ‘

CREATION OF RELATION, 55 and cases following; see, also, Authority oi!Agent; Power of Attorney; Seal, Authority under; Written Authority.Depends on contract, 4, 55.Contract of service, p. 55 note.

Rests on will of constituent, 55, 57, 58, 188, 190, 230, 252; see generallyTermination of Relation, by revocation.How created, in general, 31, 59, 60, 267 and note.Oral authority, 61; see, also, Express Authority.By writing, see Express Authority; Power oi Attorney; Seal, Authorityunder; Written Authority.

mnax 931

[The figure: refer to pages]CREATION OF RELATION—Continued,Implied agency, 59, 60, 61 and note, 64.

Actsalnddconduct

of principal, 61, 243; see, also, Authority of Agent,imp ie .

By ratification, 61, 147, 148; see. also, Ratification.By estoppel, 59, 66 and note; see, also, Estoppel.By a corporation, 61.

CREDIT, see Authority of Agent, to buy.CUSTOM, see Authority of Agent; Usage and Custom.

DAMAGES, see Compensation of Representative; Termination of Relation;Workmen's Compensation Acts.For disobedience of agent, 399.For negligence, see Liability of Representative to Constituent; Master;Workmen’s Compensation Acts. -

For wrongful discharge, see Compensation of Representative.Suit by agent for, 635 and cases following, IMeasure of, 399.

DEATH, see Termination of Relation. ‘

DECEIT, see Liability of Constituent to Third Person; of Representative toThird Person.Actions for, 588; see. also, Actions.

DECLARATIONS OF AGENT, see Evidence; Liability of Constituent toThird Person.DEED,Authority to execute, see Authority of Agent, to sell real estate; Blanksin a Deed; Contract, under seal; Execution of Authority.-As equitable contract to convey, 72, 73, 277; see, also, Seal, Authorityunder. -

Execution of in principal’s presence, 78.DEFENSES,Open to Third Person, see Liability of Third Person to Constituent; toRepresentative; Set-Off.Of master, see Master; Workmen's Compensation Acts.

DEFINITION,Of “agency,” 2.Of "agent," 1.Of “estoppel," 83.Of "factors," 1.Of “general and special agents," 29, 293, 295.Of "master," 14.Of "ratification," 80, 81, 85, 149.

DEL CREDERE AGENCY. 22.DELEGATION OF AUTHORITY,Power to delegate, 340, 341 and note.By joint agents, 312.Exceptions to general rule,No confidence or discretion involved, 342, 343 and note.Usage and custom, 341, 346, 355.Consent of principal, 346.Necessities of agency, 344.

Subagent agent of whom, 130, 345, 346, 358.Liability of agent for acts of subagent, 345-347, 358 and note.Of collecting agent for acts of correspondent, 347, 350, 359.Of a bank, 350 and note, 354 and note.Of an attorney at law, 347 and note.

DEMAND,Necessity of before suit, 347; see, also, Liability of Representative toConstituent, for accounting.

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[The figures refer to pages]

DEPOSITS, see Bank; Liability of Representative to Constituent, for accounting; Trust Fund.DESCRIPTIO PERSONJE, see Execution of Authority.DIRECTOR,Authority of, see Corporations: Liability of Constituent to Third Person.

DISCHARGE OF REPRESENTATIVE, see Compensation of Representative;Termination of Relation.DISCRETION, see Agency; Delegation of Authority; Liability of Representative to Constituent.

DISOBEDIENCE, see Liability of Representative to Constituent, for obedience.DOUBLE AGENCY, see Agency; Agent: Authority of Agent; Compensationof Representative; Liability of Constituent to Third Person; of Representative to Constituent.

DRUNKENNESS, see Termination of Relation.DUTY, see Liability (various headings).

EARMARKS, see Money. _

ELECTION, see Liability of Constituent to Third Person, undiciosed principal.

EMPLOYER'S LIABILITY ACTS, p. 79-} note.English Act, Appendix 905 if.

EMPLOYMENT, se'e Compensation of Representative; Creation of Relation;Servant.

ENTIRE CONTRACT, see Compensation of Representative; Ratification.EQUITY, see Actions.ESTOPPEL, see Authority of Agent, apparent; Creation of Relation.Distinguished from ratification, S3, 122.General rule as to agency by, 61.Elements giving rise to, 67.Reliance by party claiming, 264.

EVIDENCE, see Execution of Authority.Agency how show , 60, 61, p. 267 note. --r By conduct 0? principal. 60; see. also, Authority of Agent; Estoppel;Liability of Constituent to Third Person.By ratification of previous acts, 2-13.By parol,When authority is written, 279,-283, 309; see, also, Authority of

Agent.To explain, not contradict, 322, 323 and note, 680,-758.To show value of services, 435, 440.

Acts of agent as proof of agency, 57, 145.Declarations, representations, etc., of agent, 57, 63, 235, 238, 247,

252, p. 266 note, 672, 739 and note, 745.To show surrounding circumstances, 145. 743 and note.As part of res gestse, 235, 579, 741.Must trace to principal, 57, p. 266 note.

Testimony of agent, 243, 743 and note.Burden of proof,On one asserting agency. 59, 63.On one asserting liability of agent, p. 596 note.On principal suing on agent’s contract, p. 759 note.On one setting up ratification, 117. _On servant to show negligence of master, 565, 567.Shifting of burden, 568. -

No presumption of agency, 252.Order of proof, 57, 743.Weight and sufliciency, see T1-lal.

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mnnx 933

[The flgurel reler to Pages]EXCHANGE, see Authority of Agent, to sell.EXCLUSIVE AGENCY, see Termination of Relation.EXECUTION OF AUTHORITY,In name of principal, 32, 308, 309, 315, 336. _Parol to explain signature, 310, 316, p. 318 note, 329 and note.To hold principal, not to release agent, 322, 823 and note.

Excessive execution, 310 and note, p. 314 note.Of sealed instruments, 309, 310, 314, 321, 32-i, 691 and note; see, also,Contract, under seal.OI simple contracts, 314, 317, 319 and note.In agent's name. 316, p. 318 note, 319.Descriptive words added to signature, 316, 320, 329, p. 337 note, 588.Look to whole instrument, 317, 3:20. -

Of negotiable instruments, 324, 326 and note.Addition of descriptive words, 316 and note, 329, 330, 333.Effect of various forms of signature. 337 and notes.Parol evidence to explain, 326, 330, 333.Ambiguities on face of instrument, 328 and note, 334.Agent of corporation, 334 and note.Of bank, 321, 335.

By a partnership, p. 312 note.By joint agents, 312 and note.By joint and several agents, 314.

EXPRESS AUTHORITY, see Authority of Agent; Blanks in a Deed; Creation oi’ Relation.By parol, 61.Written when necessary, 31.When required by statute of frauds, see Written Authority.

Sealed, when necessary, see Seal, Authority under.

FACTORS,Duty to obey instructions, 255, 397.When disobey to protect selves, 406.

Liability when principal undisclosed. D. 599 note,Lien, 644.Right against third persons, 644.Principal sue on contracts by, 759, 766.Pursue property in hands oi‘, 769.

FAMILY PURPOSE DOCTRINE, p. 730 note.Fl~}LI'.OW SERVANT RULE, see Master.FEME COVERT, see Married Woman.FIDELITY, see Liability of Representative to Constituent.FIDUCIARY RELATIONS, see Liability ot Representative to Constituent,for fidelity.FORGERY,Ratification of, 86, 87 and note.

FORMS OF ACTION, see Actions.FRAUDULENT REPRESENTATIONS, see Liability oi’ Constituent to ThirdPerson; Liability of Representative to Third Person,

GENERAL AGENT,Defined, 29, 61, 293, 295.Distinguished from special, 249, 267, pp. 293, 297 notes.‘As to authority of, sec Authority of Agent.

GOVERNMENT CONTRACTS,Agency to procure, 51; see, also, Purposes oi! Agency.

GRATUITOUS AGENT,Liability of, 410, 445.Whether presumed, 434 and note, 446.

934 mosx[The figure! reler to pager]

HOLDING OUT OF AUTHORITY, see Authority of Agent; Estoppel; Liability of Constituent to Third Person; Scope of Authority.

HUSBAND, see Married Woman.As agent of wife, 32.

IDIOTS, see Agent; Principal.ILLEGALITY, see Ratification.As defense by agent, see Liability of Representative to Constituent, foraccounting. ‘

IMPLIED AGENCY, see Creation of Relation; Authority of Agent; Liabilityof Constituent to Third Person.INCIDENTAL POWERS, see Authority of Agent.INDEMNITY, see Reimbursement and Indemnity of Agent.INDEPENDENT CONTRACTOR,Distinguished from servant, 10, 11, 488.As fellow servant, 489.Under Workmen’s Compensation, 874 and note.

INDORSEMENT, see Authority 01 Agent, to collect.INFANT,As agent of father, 40.Capacity as agent, 39.As principal, 32, 36 and note, 46.

INJUNCTION, see Termination of Relation, by revocation; by abandonmentby representative.

INNOCENT PARTY, see Authority ot Agent; Estoppel.One of two must suffer, 235.

INSANE PERSONS, see Principal.INSANITY, see Termination of Relation, by operation oi! law.INSTRUCTIONS, see Authority of Agent.INTENT, see Agency, distinguished from sale; Construction of Authority.To bind principal or agent, p. 320 note.To ratify, 118. -

INTEREST, see Liability of Representative to Constituent, for accounting.IRREVOCABILITY, see Ratification.

JOB HORSES, p. 713 note. »

JOINT AGENTS, p. 219 note, 312 and note, 314.JOINT PRINCIPALS, see Clubs and Unincorporated Societies.JUDGMENT AND DAMAGES, see Damages.JURY. PROVINCE OF, see Trial.KNOWLEDGE, see Authority of Agent; Liability of \Constituent to ThirdPerson, for notice to agent; Ratification; Usage and Custom,

LABOR UNIONS, see Liability of Third Person to Representative.LAND, see Authority of Agent, to sell real estate.LAW, see Termination of Relation, by operation of.LEASE, see Authority of Agent.Distinguished from Agency, p. 21 note.

LEGISLATION,Contracts to procure, 47 and note, 51 and note.

LIABILITY OF CONSTITUENT TO REPRESENTATIVE, see Compensationof Representative; Employers’ Liability Acts; Licn of Agent; Master;Reimbursement and Indemnity of Agent; Workmen’s Compensation Acts.

mnax 935

[The figures relax to pages]LIABILITY OF CONSTITUENT TO THIRD PERSON, VOf principal for acts of agent, 7, 56, 106, 229, 243, 267.Scope oi! authority, 61, I17, 131, 2/45, 246, 266, 310; see, also, Authority

of Agent.Acts known to be unauthorized, 143.Acts for personal benefit of agent, 295; see, also, Agency; Agent.

On agent's contracts, 666.In agent's name, 666, 667 and note. _Outside scope of authority, 64, 234, 667, 669 and note.On sole credit of agent, 670 and note, 678.Not for benefit of principal, 671 and note.When agent acted for both parties, 143, p. 673 note, 675; seeAgency; Compensation of Representative.

When principal undisclosed, see Execution of Authority. -

In general, 677 and note, 678, 680, 685, 691.VVhen principal has settled with agent, 680, 685, 689 and note.Contracts under seal, 691 and note.Negotiable instruments, 326 and note, and cases following.Election to hold principal or agent, 635, 678, 680, 682, 683 andnote, 694.Exclusive credit to agflnt, 679, 680.

In tort, 7, 352, 697, 698 and note, 702, 711 and note, 729, 731 and note,733 and note, 736. '

Not in course of employment, 702. 705, 711, 736 and note.Willful and malicious acts, 706. 714, p. 732 note.. ,Crimes, 719 and note, 721, 723 and note, 727, 729 and note, 731, 733and note.‘Frauds, 139, 733 and note, 742.By ratification, 165.

Declarations, representations, admissions, etc., of agent, 229, 672, 740, 741,742 and note, 743, 745.

'

Notice to agent, 747 and note; see, also, Authority of Agent; Terminationof Relation.As to subject matter of agency, 747, 751 and note.As to other matters, 750 and note.Time of receiving, 752, 753 and note.Exceptions to rule, 756 and note.

LIABILITY OF REPRESENTATIVE TO CONSTITUENT,Fidelity and loyalty, 361, 450.Personal interest oi’ representative, 362 and note, 364, 368, 372, 671.Profit of agent, 362, 378 and note, 384, 386, 450; see, also, Compensation of Representative.Double agency, 366, 368 and note, 369 and note, 374; see, also, Agency; Agent; Authority of Agent.When justified, 368, 375 and note. 377 and note.Custom as justification, p. 378 note.

Dealings with principal, 380, 381 and note, 384.Rule extends to whom, p. 385 note.Full disclosure necessary, 364, 381 and note, 385, 386, 389 andnote.

After termination of agency. 391, 393 and note.

Reqmedlesof principal. 361, 363, 368, 372, 378, 380, 381, 384 and note,

. 86.When no confidence reposed in agent, 394. ‘

Obedience, 395, 398, 400.In emergencies, 395, 398.To protect advances of factor, 406.Instructions ambiguous, 398 and note.Ratification by principal, 406.Usage and custom, 398, 428.Remedy for disobedience, 400._ Servant's duty to master, 402.

936 mpux

[The figures refer to pages]LIABILITY OF REPRESENTATIVE TO CONSTl'l.‘UENT—-Continued,Care and skill, 373, 408. _Measure of care, 408 and note, 411. 'Service gratuitous. 410, 444.Service abandoned, 225 and note, 444.Misfeasance and nonfeasance, 444. '

Accounting,By agent,,416.By servant, 412, 415 and note.Title as between principal and agent,Agent dispute, 416.Illegality as defense, 419 and note, 420 and note.Jus tertii, 423 and note,

Commingling funds or property, 424 and note.Liability for interest. 429.Principal follow funds. 425 and note, 769, 771; see. also, Liabilityof Third Person to Constituent.Money deposited in agent's name. 427; see, also, Bank.Remittance of money. 427-429.Form of liability, 416.

Necessity of demand, 429 and note.Of notice by agent, 431, 432.'

To give notice, 364, 431, 432, 754.Presumption‘ duty performed, 432.

LIABILITY OF REPRESENTATIVE T0 THIRD PERSON, see Delegation ofAuthority; Execution of Authority. -

General rule, 317 and note, 577 and note.Exclusive credit to agent, 577, 579, 670, 678.Both principal and agent hound. 322. p. 597 note, 758.Unauthorized contracts. 159, 581, 589.Basis of liability, 582, 583 and note, 589 and note.On what contract, 585. 586 and note.

Fraudulent representations, 581.Nonexistent principal, 592 and note, 594.Burden of showing, p. 596 note.Contracts after death of principal, 580.

Undisclosed principal, 596 and note, 597, 599 and note, 680.Agent how relieved, 597.Rule as to auctioneer, 600. '

Money paid by mistake, etc., 602 and following cases.When agent has notice, 607.

‘ Has not changed position, 603 and note.Has paid over before notice, 605, 611. ~When right to money in dispute, 608 and note.\\'hen money obtained fraudulently, 609 and note.

Money paid to agent for third person, 612 and note,In tort, see Actions.For fraud, 615 and note. i

For conversion, 619 and note.For trespasses, 620 and note.For crimes and misdemeanors, 616 and note, 618.Servant’s liability to fellow servant, 485, 573.

For nonfeasance, 597, 620. 621.- Nonfeasance distinguished from misfeasance, 598, 622 and note,

623 and note, 627.

LIABILITY OF THIRD PERSON TO CONSTITUENT,On contract of agent, 758, 759 and note.In agent’s name, 760.Under seal, 763.

Undisclosed principal, 761, 766.Right of third person to elect with whom he will deal, 759, 761and note.

mnnx 937

[The figures refer to pages]

LIABILITY OF THIRD PERSON T0 CONSTITUENT—Continued,Defenses of third person, 761, 766 and note.

, Right of third person to settle with agent, 767, 768.Funds or property of principal, 769, 771; see, also, Money.In tort, 775 and note, 791. 792.For collusion with representative, p. 775, note.For enticing or interfering with representative, 776, 778 and note.783, 785, 787 and note, 791.

LIABILITY OF THIRD PERSON TO REPRESENTATIVE.In contract,In general not liable. 630, 631.In agent’s name, 632 and note, 634, 636 and note, 642.Under seal, 691, 763.After termination of agency, 633.Defenses to action by agent, 634. 642.For unknown principal, 635, 639, 643.Agent recover back money, 640, 641.

In tort, 644; see, also, Actions.For procuring discharge of representative, 645. 647. 654. 659. 663.

LIEN OF AGENT. 475 and note, 477 ; see, also, Factors.LIMITATIONS, see Authority of Agent; Statute of Limitations.LOAN, see Authority of Agent, to borrow; to buy.Ratification of, 114 and note.

LOBBYING CONTRACTS, 51.LODGE, see Clubs and Unincorporated Societies. ,

LOYALTY, see Liability of Representative to Constituent.LUNATIC, see Agent; Principal.

MALFEASANCE, see Liability of Representative to Constituent: to ThirdPerson.

MANAGE BUSINESS, see Authority of Agent, to buy; to manage business.MARRIAGE.

'

As termination of relation, 180.Brokerage, 51.

MARRIED WOMAN, see HusbandlCapacity as principal. 32.Wife as agent of husband, 32, 71, 83, 130.

'

MASTER, see Employers’ Liability Act; Liability 01' Constituent to ThirdPerson; Workmen’s Compensation Act.Defined, 14. » '

Defenses, '

Assumed risks, 483, 488, 491, 501 and note, 507, 519, 524, 526, 535,547 and note, 550, 553, 811.Express contract as to. 527.Contrasted with contributory negligence, 553, p. 577 note.Safe place to work, 511, 567, 570; see, also, Evidence; Res IpsaLoquitur.Suitable instrumentalities, help and regulations, 487, 516, 518, 530,

535, 537, 547 and note.Warranty by master, 528 and note, 555, 572.Proximate cause of injury, 538, 543, 550, 558, 559.Dangerous instrumentalities. 543 and note.Willful wrong or neglect of master, 487.

Contributory negligence of servant, 521, 524, 526, 530, 547, 553.Question for jury, 558, 560.

Fellow Servant Rule, 483, 811; see, also, Independent Contractor.Who are fellow servants, general rule, 493, 497, 505, 511 and

' note, 565.

938 . mmax

[The figures rater to |>&I‘¢s]MASTER—Continued, .

Common employment doctrine, 501 and note, 565.Same department doctrine, 485, 492, 496, 506.In railway cases, 509.

Consociation rule, 495 and note, 498 and note, 505.Vice-principal doctrine, 492, 508, 513 and note.Character of act rule, 513 and note, 515, 550.

Liability, see Liability of Constituent to Third Person.To stranger for'acts of servant, 7, 17, 165, 482, 486.To servant for injuries from negligence, 480, 516, 552.

MASTER AND SERVANT,Distinguished from principal and agent, see Agency.Historical survey, p. 9 note, 165.When relation exists, 15, 17.Created by contract, p. 56 note.

MECHANICAL ACTS, see Delegation of Authority.MIDDLEMAN, see Broker.MINISTERIAL ACTS, see Delegation of Authority.MISFEASANCE, see Liability of Representative to Constituent; to ThirdPerson, in tort.MONEY, see Authority of Agent, to collect.Has no earmarks, 141, 769. 773 and note.

'

Agent recover back, see Liability to Third Person to Representative.Principal follow, see Liability of Representative to Constituent, for ac. counting; Liability of Third Person to Constituent, for funds.Third Person follow, see Liability of Representative to Third Person.

MORTGAGE, see Authority or Agent, to collect; to borrow; Blanks in a Deed;Loan.

MUNICIPAL CORPORATION, P

Ratification by, pp. S6, 99 notes, 119.MUTUALITY, see Ratification, etfect of as to third person; Termination ofRelation.

NEGLIGENCE. see Evidence; Liability of Representative to Constituent;Master, defenses.

NEGOTIABLE INSTRUMENTS, see Authority of Agent, to make; Construction of Authority; Evidence; Execution of Authority.NON COMPOS MENTIS, see Agent; Principal.NONFEASANCE, see Liability of Representative to Constituent; to ThirdPerson, in tort.

NOTICE, see Corporations; Liability to Constituent to Third Person; Liabilityof Representative to Constituent; Termination of Relation.

OSTENSIBLE AGENCY, see Authority of Agent, apparent,PARENT,Child as agent of, see Infant. -

PAROL AUTHORITY, see Authority of Agent; Expre$s Authority.PAROL EVIDENCE, see Evidence.PARTNER, see ‘Clubs and Unincorporated Societies.As agent for partnership, 68. 72.Agent of partnership as agent of partners, 667.

PARTNERSHIP,Agency for how created, 69, 72.Distinguished from agency, p. 21 note.Ratification by, 126.Execution of authority by, p. 312 note.Death as terminating authority, p. 182 note.

mnnx 939

[The figures refer to pages] _PAYMENT, see Authority of Agent. to collect; to sell; Compensation of Representative; Liability of Representative to Third Person; of Third Personto Constituent.

PERSONAL INFLUENCE, see Purposes of Agency.PERSONAL LIABILITY, see Liability of Representative to Third Person;Warranty of Authority. '

PERSONAL TRUST, see Delegation of Authority.PHYSICIAN, see Workmen’s Compensation Acts.Authority to employ, p. 130 note, 142.

PICKETING, see Liability of Third Person to Constituent, in tort.POSSESSION, see Authority of Agent, to sell.

POST OFFICE, -

Agency to procure location of, p. 51 note.

POWER COUPLED WITH AN INTEREST, see Termination of Relation.POWER OF ATTORNEY, see Express Authority; Written Authority.When necessary, 31.Recording, 31.Of insane person or infant, 34.Construction of, see Construction of Authority. I

PRINCIPAL, See Clubs and Unincorporated Societies; Liability of Constituent to Representative; to Third Person; of Representative to Constituent; of Third Person to Constituent.Who may act as. 31 and cases following.Persons non compos mentis, 32.Married women, 32.Infants, 32, 34, 40.

'

Lunatics and persons not sui juris, 32.Insane persons, 34.

PRIVATE INSTRUCTIONS, see Authority of Agent.PROFESSIONAL SERVICES, see Purposes of Agency.PROFITS, see Liability of Representative to Constituent, for fidelity.PROMOTERS, see Corporations.

PROXIMATE CAUSE, see Master, defenses.PUBLIC AGENTS,Execution of authority by, p. 312 note, 319.Ratification of acts of, pp. 86, 99 notes.Delegation ot authority by, p. 340 note.Personal advantage in contracts by, p. 362 note.

PUBLIC OFFICERS,Contracts to influence, see Purposes of Agency.Ratification by, pp. 86, 99 notes.

PUBLIC POLICY, see Purposes of Agency.PURCHASE, see Authority of Agent, to buy.PURPOSES OF’ AGENCY,General rule, 7, 42, 43. ‘Unlawful or immoral purposes, 47, 51.Contrary to public policy, 47, 51.What cannot be done by agent, 44.Employment of personal influence, 49, 53.

QUANTUM MERUIT, see Actions. .

QUI FACIT PER. ALIUM, etc.,Implication of maxim, 4, 6, 42, 640, 711, 721.

1

940 mnax

[The flIIll‘0I refer to pages]RATIFICATION,Defined, 81, 83, 85, 150. .

Distinguished from adoption, 82.From estoppel, 83 and note, 108, 123, p. 143 note.

Relations of parties as showing, 127.Of previous acts as evidence of agency,.61, 12S, 243.What may be ratified, S5. .

Void and voidable acts, 33, 86, 87 and note.Who may ratify, 86 and note, 91.A corporation, 99 and note.An agent, 100 and note.

Essentials of,Assumption of agency, SO, S1, 84, 94.Act done for principal ratifying, 94, 96 and note.

Consideration not necessary, 90, 91, 152.Existence of principal, 92 and note, 94.Knowledge of facts, 84, 103 and note, 104, 107 and note, 140, 144.Not of legal effect of facts, p. 109 note.May assume risk without inquiry, 103, 111 and note.

Ratify all or none, 113, 114 and note, 118, 132 and note.Not if principal cannot be put in statu quo, 105, 138, 139, 140 andnote.

Intent necessary, 118.Acceptance of benefits not necessary, 107, 152.

Manner of, 120, _123, 131, 164.When in writing, 112, 123.Under seal, 70, 73, 124, 125.

Statutory requirements, 120, 123 and note.Implied, 118, 127.When not, 128, 129 and note, 130 and note.

By accepting benefits, 9-1, 99, 119, 125, 132 and note, 135.\Vhen not a ratification, 104, 137, 140.

By acquiescence Or silence, 61, 106, 127.Acts of stranger or of agent, 127.Not compelled to ratify, 103, 11S.When repudiation necessary, 107, 118, 142, 144 and note, 182;see, also, Estoppel.

By bringing suit or enforcing contract S6, 146, 156.Limitations, 118, 139 and note, 162.

Proof of, see Evidence; Trial.Effect

ogé 61, &, 85, 87, 120, 125, 131, 144, 147, 148, 150, 151, 156, 160, 164,

1 .

Of parol ratification, 69, 72, 125. 151.Cannot be revoked, 132, 156, 158.Effect of repudiation, 117, 132.Of failure to repudiate, see Ratification, by acquiescence, supra.

Of ratifying severable part, 104, 115 and note.Limitations on retroactive effect of, 153.Effect as to agent, 159.On compensation, 164.inaction of principal, 162.

Effect as to principal, 94, 165; see, also, Ratification, eifect of, supra.For agent’s tort, 140, 165.

Effect as to third person, 170 and note.Intervcning rights of, 153.

REAL ESTATE AGENT, see Authority of Agent, to sell real estate; Broker;Compensation of Representative.

REIMBURSEMENT AND 1.\'DEM.\‘ITY OF AGENT, see Compensation ofRepresentative, when discharged; Lien of Agent; Termination of Relation.Right in general, 467 and note, 469, 471 and note, 473 and note, 474 and

note.As affected by skill and care of agent, p. 412, note.

mnsx 941

[The figure: refer to pages]RENT, see Authority of Agent, to lease.REPRESENTATIONS, see Evidence; Liability of Constituent to Third Person; Liability of Representative to Third Person.

REPRESENTATIVE, see Preface, p. IX.REPUDIATION, see Ratification.REPUTATION,As evidence of agency, 252.

RES GESTZE, see Evidence.Acts and representations or agent as, 235. »Declarations and admissions of agent as, 741.

RES IPSA LOQUITUR,As applied to master and servant, 567 and note, 571.As between fellow servants, 575.

RESPOi\'DI<}A'J.‘ SUPERIOR, p. 710 note; see, also, Liability of Constituent toThird Person.

RETROACTIVE EFFEG1‘, see Ratification.REVOCATION, see Ratification; Termination of Relation.

SAIJE,Distinguished from agency, 1, 22.Authority to make, see Authority of Agent, to sell; to collect; Liahiiity ofConstituent to Third Person.Compensation for, see Compensation of Representative.To agent, when binds principal, see Liabiilty of Constituent to ThirdPerson.

SCOPE OF AUTHORITY, see Authority of Agent; Liability of Constituent toThird Person; Special Agent; Trial.Scope ot written authority, 298; see, also, Authority of Agent, extent ot.How proved, see Evidence.Burden of proof, 60.

SEAL, AUTHORITY UNDER, see Authority of Agent; Execution of Authority; Liability of Constituent to Third Person; of Representative to ThirdPerson.When necessary, 69, 74.Signature by agent in principals presence, 78.

Etfect of act of agent when seal wanting, 70.Conveyance as equitable contract to convey, see Deed.

When seal unnecessary, 70, 73, 125.Distinction between sealed and unsealed instrumentStatutes abolishing requirements, 77 and note, 310.

"SEALED INSTRUMENTS, see Execution of Authority; Liability of Constituent to Third Person; of Third Person to Constituent; to Representative.

SECRET INSTRUCTIONS. see Authority of Agent.SERVANT, see Compensation of Representative; Employers’ Liability Acts;Liability of Third Person to Representative; of Representative toConstituent; to Third Person; Master; Workmen’s CompensationActs.Distinctions, see Agency; Bailee; Independent Contractor,Liability of master to, see Master.Defined, 10, 14.Test of relation of master and servant, 4, 489.Duty to obey master, 402, 52S.Discharge for disobedience, 402; see, also, Termination of Relation,by revocation.

Duty to devote time and skill to service, 414.To keep trade secrets, 413.

F -1Fl

942 mnnx[The figure: reler to pares]

SET-OFF, '

By agent in accounting with principal, p. 435 note, T39.By third person i.n action by agent, 634.In action by principal, 766 and note, 773.

SEVERAL AGENTS, 314.SIGNATURE, see Deed; Execution or Authority; Eorgery; Ratification; Seal,authority under.SILENCE, see Ratification.SIMPLE CONTR.A(7I‘S, see Construction of Authority; Execution of Authority; Liability of Constituent to Third Person; of Representative to ThirdPerson.

SOCIETY, see Clubs and Unincorporated Societies.SON, see Infant.

SPECIAL AGENT,Defined, 29, 61, 293 and note.Distinguished from general, 247, 267, pp. 293, 297 notes.Scope of authority of, 297, 298 and note, 743; see, also, Authority ofAgent; Ratification; Scope of Authority.

SPECIAL INSTRUCPIONS, see Authority of Agent.

SPECIFIC PERFORMANCE, see Termination of Relation, by revocation; byabandonment.

STATE, Ratification by, p. 99 note.STATUTE OF FRAUDS. see Written Authority.STATUTE OF LIMITATIONS,When begins to run, 430 and note.

STATUTES, see Employers’ Liability Acts; Workmen’s Compensation Acts.SUBAGENT, see Delegation of Authority; Ratification.SUI JURIS, see Principal.TENDER OF SERVICES, see Compensation of Representative.TERMINATION OF RELATION,By accomplishment of purpose, 186.By eiiiux of time, 188.By revocation by constituent, 188, 190, 191, 461.Power to revoke, 174, 188, 192, 205.“Irrevocable" or “exclusive” agency, 192.Employment at will, 196, 198, 206.For definite term, 198.Biutuality of undertaking, 199, 201, 202, 204 and note.Specific enforcement, 213.Injunction, 213.

Power given for consideration or as security, 174, 181, 189-191, 192and note, 194.Power coupled with an interest,What is. 175, 189, 190, 191, 195.Eifect of, 175, 181, 189, 192.Death of principal, 175.Insanity of principal, 181.

Power vs. right to revoke, 191, 196, 206 and note, 208. -Liability of constituent, 190, 206, 212.When discharge justified, 208, 210 and note, 212, 403; see, also,Agency, douhle agency.

Manner of revocation, 173. 215, 217, 218.‘

Notice of revocation, necessity and effect, 173, 196, 219 and note, 220and note.

By abandonment by representative,Gratuitous employment, -145.

mpnx 943

[The figures reler to pales]

TERMINATION OF RELATION—Continued,Employment at will, 222 and note, 224 and note; see, also, Compensation of Representative. _ IMutuality of undertaking, 199, 201, 202, 204, 225.Of remedy, p. 226 note.

Specific performance or injunction vs. representative, 226 and note.In favor of agent, 213.

By operation of law, 173.By death, 174, 178, 180, 182. r

When death unknown to third party, 178 and note, 580.By insanity or other incapacity of principal, 180.By marriage of principal, a woman, 180.Bankruptcy, or _war, pp. 180, 182 notes.

Effect of, 216, 229 and note, 393 and note.TESTIMONY OF AGENT, see Evidence.THIRD PERSON, see Authority of Agent; Estoppel; Innocent Party; Liability ot Constituent to Third Person; Liability of Representative to ThirdPerson; Liability of Third Person to Constituent; to Representative.TORT, see Actions; Liability of Constituent to Third Person; of Representative to Third Person; of Third Person to Constituent; to Representative;Ratification.TRADE SECRETS, 413. Compare case on page 391.TRESPASS, see Actions.TRIAL,Province of court and jury, 100, 403.As to contributory negligence of servant, 558, 560.Written authority for court, 280, 403. 466, 577.Usually mixed law and fact, 283, 403.When only one conclusion. 573.Jury pass on extent of authority, 237.On negligence of master, 567, 569.

TROVER, see Actions.TRUSTEE,Distinguished from agent, 21 and noteDealing with trust property, 369, 381.

TRUST FUND,Right to follow, see Liability of Representative to Constituent, for accounting; ot Third Person to Constituent.

UNAUTHORIZED A(,'I‘S OR CONTRACTS, see Authority of Agent; Liabilityot Constituent to Third Person; of Representative to Third Person; Scopeof Authority.

UNDISCLOSED PRINCIPAL, see Liability of Constituent to Third Person; ofRepresentative to Third Person; Ratification.UNINCORPORATED SOCIETIES, see Clubs and Unincorporated Societies.USAGE AND CUSTOM, see Authority of Agent; Delegation of Authority; Liability of Constituent to Third Person; Ratification; Written Authority.To compensate representative, p. 436 note.Etfect of on agent's authority. 253 and note.Knowledge of by principal, 231, pp. 25-1, 255 notes.Incidents of legality, 253 and notes, 374.Contrary to instructions, 256 and note, 398.To reason or good morals, p. 256 note, 354, 375, 397.

To give warranty, see Authority of Agent, to sell.As to remittance of funds, 426, 428.

WAGES, see Compensation of Representative; Termination of Relation.WAR, see Termination of Relation, by operation of law.WARRANTIES, see Authority of Agent, to sell.

\

944 INDEX[The figure! refer to pages]

WARRANTY OF AUTHORITY, 583 and cases following, p. 591 note; see,also, Liability of Representative to Third Person.WIFE, see Married Woman. _WITNESS, see Evidence.WORKMEN'S COMPENSATION A(7l‘S, p. 805 note.English Act of 1906, p. 794 ff.Federal Act reaches what cases, p. 805 note,Michigan Act, p. 796 if, p. 805 note, p. 907 if.Contrasted with liability acts, 823. VHow construed, 829 and note, $7, 839, 847Rationale of Act, 810, 814, 821, 823, 827, 866.Constitutionality of, 807 ff, p. 819 note, 825.Effect on common law action, 807, 821 and note.Definitionsof act, 807, 828, 831.\Vorkmen, \vho included, 825, 826, 874.

Defenses of contributory negligence, fellow servant, assumed risk, S07,810, 821, 846.Excepted employments, agricultural and domestic, 875.Hazardous employments, 807, 827, 875 and note.Independent contractor, 874 and note.Insurance, S08, S18, p. 921 ft.Compensation provisions, .Accident, S31, 833 and note, 836, 839 and note.Disease as, 839, 853.

Arising out of employment, 838, 843, 845, 848 and note, 849, 850,853, 855, 862, S67. 868.Horseplay, p. 851 note, 858, 859.

Course of employment. 838. 843, S45, 862, 867, 871.Compensation, S08, 814, 820.Damages, 807, 885, 886, 888.Medical services, 879 and note.Submitting to an operation, S81 and note.

Incapacity for work, 885. 886, SSS.Serious and willful misconduct, 878.Dependency for support, 891, 894, 896, S98, 900.

WRITING,Contracts in, see Execution of Authority; Ratification.When required by statute of frauds, see Written Authority.

WRITTEN AUTHORITY, see Authority of Agent: Construction of Authority;Power of Attorney; Scope of Authority; Trial.When required by statute of frauds. 71, 72, 73, 112, 123, 148, 273, 437.Parol evidence as to, see Evidence.Expanded by implied, 280, 281 and note.

wnouoson DISCHARGE, see Termination of Relationl‘YEARLY mama, p. 199 note, 435.

\\’EST PUBLISHING CO., PRINTERS, ST, PAUL, MINN.