THE SIGNATURE BY AN AGENT. 27 



Where the authority is given beforehand, the party must 

 trust to his agent ; if it be given subsequently to the con- 

 tract, the party knows that all has been done according to 

 his wishes (r/) . 



An agent must be a third person, and not the other con- 

 tracting party {//). 



An infant or married woman may be an agent, their Who may be 

 acts in that capacity not being affected by their disabilities ^^ ^S^^^- 

 of infancy and coverture respectively (/). 



An agent may be constituted either by express appoint- How consti- 

 ment or by implication of law arising from the circum- tuted. 

 stance in which parties are placed (A-) . 



The authority of the Agent to sell for his Principal may Need not be 

 be conferred by word of mouth (/) ; for it is now clearly ^^^t^onzed m 

 settled that the Agent need not be authorized in writing (m). °' 



In general an Auctioneer may be considered as the Agent Auctioneer. 

 and Witness of both parties ; but a difficulty arises in the 

 case where the Auctioneer sues as one of the contracting 

 parties. The case of Wriglit v. Dannah («), seems to be in 

 point ; namely, that the Agent contemplated by the legis- 

 lature, who is to bind a defendant by his signature, must 

 be some third person, and not the other contracting party 

 upon the record (o) . 



An entry made in the sale book by the Auctioneer's Auctioneer's 

 clerk who attends the sale, and as each lot is knocked ^^°^^' 

 down names the purchaser aloud, and on a sign of assent 

 from him makes a note accordingly in the book, is a 

 Memorandum in writing by an agent within the statute (;;) . 



A Memorandum drawn up by the agent of both parties Clear recog- 

 by the authority of the defendants, in their presence, and 1"*''^°, °* ^'^^' 

 recognized by them at the time, though unsigned by them- ties suffi^eut. 

 selves, yet with their names inscribed on the document by 

 him, will bind them and satisfy the statute (*/). But a 



{{/) Per Eest, C. J., Maclean v. son v. Hedis, 2 Taunt. 48. 



Dunn, 4 Bing. 727. («) Wright v. Dannah, 2 Camp. 



(//) Sharman v. Brandt, L. R., 6 203. 



Q. B. 720; 40 L. J., Q. B. 312; (o) Farehrother v. Simmons, 5 B. 



Wright v. Dannah, 2 Camp. 203 ; & Aid. 335 ; Sharman v. Drandf, 



Farebrother v. Simmons, 5 B. & Aid. L. E.., 6 Q. B. 720. 



333. {i)) Bird v. Boulton, 4 B. & Adol. 



{i) Paley's Principal and Agent, 443. The book in which the entry 



2 ; Fresticick v. Marshall, 7 Bing. is made must, however, be suffi- 



565 ; Frince v. Brunette, 1 Bing. ciently connected with the con- 



N. C. 438 ; 2 Steph. Com. 56. ditions of sale. Fierce v. Corf, 



(k) 2 Steph. Com. 50. L. R., 9 Q. B. 310; and see lie- 



{/) Aechal v. Lcvg, 10 Bing. 378, positorics and Auetions, post, 39. 



{m) Per Lord Eldon, Coles v. {q) Durrell v. Evans, 31 L. J., 



Trecothick, 9 Vesey, 249 a; Emmer- Ex. 337. 



