roper use of the judicial power, whether it is or not no one will
deny that it has been long exercised.

In the early days of administering the patent law injunctions were
granted against infringers. Judges soon grew more cautious when they
learned that patents were sometimes erroneously granted, and that, on
acquiring a fuller knowledge of the controversy, there had been no
infringement. The modern practice therefore is, unless the proof is
very clear, to require a party who applies for an injunction to try
his case first and establish his patent and then, if it has been
infringed, an injunction will be issued.

=Factor.=--A factor receives and sells goods for a commission, is
usually entrusted with their possession, and sells them in his own
name. He has a special interest or property in them, and a lien
thereon for advances in money that he may make to the owners. No
formal mode of authorizing him to act is required, usually this is
done by word only, and his authorized acts may be ratified by his
principal. This authority is largely the outgrowth of usage. The
authority of a factor to fix the terms of selling may be by agreement
or by usage, like any other agent. Limitations fixed by the principal
are ordinarily binding on the factor, and, so far as they are
chargeable with notice of them, third persons also. Where goods are
confided to a factor without instructions, authority to exercise a
fair and reasonable discretion is implied. Unless restricted by his
principal, or by contrary usage, he may sell goods on a reasonable
term of credit. If he is restricted to cash sales only, or is not
protected by usage in selling on credit, he cannot do so. Secret
instructions would not affect the rights of a purchaser ignorant of
them and relying on customary authority.

A factor is employed to sell goods, and not to barter or exchange
them, and if he should do this his principal could recover them. He
may insure the goods, but is not required to do so unless instructed
or is required by usage, which plays a large part in this matter and
must be observed except as qualified by instructions.

He cannot compound or compromise a claim for the purchase price, or
discharge the debt on payment of a part only, or submit a disputed
claim for arbitration, or rescind a sale, or discharge a purchaser
from any part of his obligation, or extend the time of payment, or
make, accept or indorse negotiable paper contrary to instructions o