LEGAI, DEPARTMBNT. 577 



Should the act of the agent be willful, the agent, and not the princi- 

 pal, is liable; to illustrate, I am passing along the street in my carriage 

 and your servant willfully drives against me, the servant alone is liable. 

 But had the act been one of carelessness you, the principal, would 

 be liable. 



The Principal is I/iable to the Agent for damages sustained 

 by the agent, without his own default, in following the directions of 

 his principal. 



Duties of Agent to Principal. The first duty of every agent is 

 to obey instructions. In cases of extreme necessity the agent may be 

 excused for disobedience of orders; neither is he bound to obey when 

 told to do an illegal or immoral act. 



An agent must transact all business in the name of his principal, or he 

 will be personally liable. 



An agent must not mix his property with that of the principal, so as 

 to make it impossible to distinguish one from the other. 



Commission Merchants. A commission merchant is one who 

 sells goods for another, receiving as compensation, a certain percentage 

 on the sales, called commission. The commission merchant very seldom 

 discloses the name of his principal. He has actual possession of the 

 ■goods to be sold; and is bound to take good and proper care of them, 

 such as he would take of his own property of a similar nature. 



In the sale of goods the commission merchant should observe the in- 

 structions of the person sending the goods to be sold; but when he 

 receives no instructions, must use his utmost skill and knowledge, and 

 sell for the best prices. 



It is a common practice for commission merchants to advance money 

 upon goods consigned to them. In such cases they have a lien upon 

 them for all cash advanced, and for expenses and commissions. "A 

 lien on personal property is a right to hold it against the owner;" that 

 is, the owner can not take away his goods until he has paid the charges 

 against them. The commission merchant may sell the goods in his pos- 

 session in order to satisfy his claim, but must pay over the surplus to the 

 owner. ' ' 



Note. — I • A seller of goods who accepts, at the time of sale, the note of 

 a third party, not endorsed by the buyer, in payment, can not in case 

 the note is not paid, hold the buyer responsible for the value of the goods. 



2. An agreement by the holder of a note to give the principal debtor 

 time for payment, does not discharge the surety. 



