t for each, and
so on.
A special agent is authorized to do a specific thing, to sell a home,
buy a horse, or effect some particular end or purpose. While this
distinction is plain enough in many cases, in others the lines run so
close together that it is difficult to decide whether one is a general
or special agent.
Whenever one acts as a general agent he is supposed to have all the
authority that general agents possess who thus act for their
principals, unless the person who is dealing with him knows of the
restriction on his authority. Suppose one goes to the office of a
general insurance agent to get insurance on his home. A policy is
taken and afterwards the house burns up. The company declines to pay
because the agent made a lower rate than was authorized by his
company. The insured however knew nothing about the restriction, and
supposed that the agent had the same authority as other insurance
agents have concerning rates. The company would be obliged to pay. But
if the insured knew that restrictions had been put on the agent and
that he was violating them in giving him the lower rate, the company
would not be liable.
One who deals with a special agent must find out what authority he
possesses; therefore more care is needful in dealing with a special
than with a general agent. His authority must be strictly pursued.
Thus it is said that a person dealing with him "acts at his own
peril," is "put upon inquiry," "is chargeable with notice of the
extent of his authority," "it is his duty to ascertain," "he is bound
to inquire," "and if he does not he must suffer the consequences."
In some cases the law creates an agency. Thus an unpaid vendor of
goods sometimes has authority to sell them, so has a pledgee of goods
outside the authority conferred by the contract pledging them. A
married woman whose husband does not supply her has a limited power to
buy necessaries on her husband's credit, which prevails
notwithstanding any objection he may make. A minor sometimes has the
same power.
A person can act as an agent for another who cannot act for himself.
Minors therefore can thus act. Besides individuals, corporations often
act for others.
The authority of an agent may be given in writing, a power of attorney
so called, or he may act, and often does, without written authority,
especially a general agent. To this rule there is one well understood
exception. If an agent is required in executing his authority t
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