are not necessary to produce a joint obligation; but words of severance are necessary to produce a several responsibility. In an action on a joint and several obligation, the plaintiff must proceed against all jointly, or each severally. A contract to pay a sum of money to several persons is a joint contract, and no one can sue alone for his proportion.

6. If two or more persons are jointly, or jointly and severally bound, and the party to whom they are bound releases one of them, all are discharged. If one of the parties be discharged by operation of law, as by taking the benefit of the bankrupt law, the others are not discharged. The party who binds himself by a contract is called an obligor. The party to whom he is bound is called the obligee. If one of the joint obligees die, the right of action is solely with the survivors. If all die, the action must be brought by the executor or administrator of the last survivor. If one of the joint obligors dies, the action must be brought against the survivor.

7. Where two or more persons, not partners, are jointly, or jointly and severally, bound to pay a sum of money, and one of them pays the whole, he may recover from the others the proportion which they ought to have paid. If a judgment has been recovered against several parties jointly, or jointly and severally liable, and one of the defendants satisfies the execution, he has a claim against the other defendants for the proportion which they ought to

necessary to produce a several obligation? In an action upon a joint and several obligation how must the plaintiff proceed? If a contract is made to pay a certain sum of money to several persons?

6. If two or more persons are jointly, or jointly and severally bound, and the party to whom they are bound release one of them, what is the effect? If one of the parties be discharged by operation of law? What term is applied to the party who binds himself by a contract? What term is applied to the party to whom he is bound? If one of the joint obligees die, in whom is the right of action? If all die? If one of the joint obligors die?

7. When two or more parties are jointly, or jointly and severally bound, and one pays the whole, what may he recover from the others? If a judgment has been recovered, and one of the defendants satisfy the execution? If part of the sureties have become insolvent? Is the con

have paid. If a part of the co-sureties have become insolvent, the surety who pays the entire debt can, in equity, compel the solvent sureties to contribute their share of the whole debt divided among those who are solvent. The contract of contribution is an implied contract. It is a several contract. The surety paying the whole may release one of his co-sureties without waiving his right of action against the rest. Every surety has a claim against the principal for the amount paid by such surety. The second indorser of a promissory note is not liable upon a claim of contribution to the first indorser, unless there be an agreement between the indorsers that they shall be co-sureties. The undertaking of indorsers is separate and successive, and gives no claim to contribution. If judgment be recovered in an action founded upon tort, the payment by one of the defendants gives no right to claim contribution from the others. A surety cannot demand contribution from one who became surety at his request.

CHAPTER XLVII.

AGENCY.

1. AN agent is a person employed by another to transact some business which the principal himself might transact. The agent is the instrument of the principal, and the principal contracts by his agent. What the prin

tract of contribution express or implied? Is it joint or several? What is the effect if one of the sureties who has paid the whole claim release one of his co-sureties? For what has every surety a claim against the principal? If the first indorser pay a promissory note, is he entitled to contribution from the second indorser? What is the nature of the undertaking of the indorsers? If judgment be recovered in an action founded on tort, and one of the defendants pays the judgment, does this give a claim to contribution? If a surety become such at the request of another surety?

1. For what purpose are agents employed? How does the principal contract? Whose act is the act of the agent?

cipal does by his agent, duly authorized, he does by himself, and the act is the act of the principal.

2. The agent may receive an appointment, which may be oral or in writing; and under such appointment he may bind his principal in all matters within the scope of his agency by oral contracts or contracts in writing. The agent must receive authority under seal to bind his principal under seal. The principal is responsible for, and bound by, the acts of the agent, when there has been an actual appointment, and also when the principal has induced a third party to believe that the agent had been appointed. The question for the jury, in such case, would be, whether or not the principal led the third party into the mistake.

3. Agents are general and special. A general agent is one authorized to transact generally the business of the principal. A special agent is one authorized to do one or more special acts. The agent's authority is that which is given by the terms of his appointment, or that with which he is clothed by the character in which he is held out to the world. If a general agent exceed his authority, the principal is bound, if the agent acted within the ordinary and usual scope of the business he was authorized to transact, and the third party did not know that he exceeded his authority. If a special agent exceed his authority, the principal is not bound.

4. An agent employed for a special purpose receives no general authority from his principal. The authority of an agent is sometimes presumed, on the ground that the prin

2. How may an agent be appointed? What may he do under such appointment? What authority must the agent have to bind his principal under seal? When is the principal bound by the acts of his agent? What is the question to be submitted to a jury in cases where the principal has induced a third party to believe that the agent was duly ap pointed?

3. What is a general agent? What is a special agent? What is the agent's authority? If a general agent exceed his authority, when is the principal bound? If a special agent exceed his authority?

4. Does an agent employed for a special purpose receive any general authority? On what ground is the authority of an agent sometimes pre

cipal has justified the belief that he has given authority to such agent. An agency may be presumed from repeated acts of the agent, adopted and confirmed by the principal. If the principal does not disavow the acts of the agent as soon as they come to his knowledge, he makes these acts his own. The adoption of the agency in part is an adoption in whole. The agent must have authority under seal to bind his principal under seal. Parol ratification of a deed made by an agent not authorized under seal, would not remedy the defect.

5. If an agent commit an injury to person or property, and the liability is assumed by the principal, the agent is not relieved from his liability. A general agent must adopt the mode of performing his duties which is fixed either by usage or the orders of his principal. A special agent must follow the orders of his principal alone. When the agent's instructions do not cover the whole case, he must conform to the established usage. When this usage is defined by law, it must be strictly followed.

6. If the principal give orders to his agent to sell, the agent is not authorized to sell on credit, unless such be the usage of the trade. If such be the usage, then the agent may sell on credit, unless he has received special instructions to sell for cash only. If he sell on credit, having no authority to do so, he becomes personally responsible to the principal for the whole debt. The agent is personally liable-1. If he act without authority; 2. IF he exceed or depart from his authority; 3. If he pledge his personal liability; 4. If he conceal his character as

sumed? What acts will justify such presumption? When does the principal make the unauthorized acts of the agent his own acts? If he adopts the agency in part? If an agent make a deed without authority under seal, would parol ratification remedy the defect?

5. If an agent commit an injury to person or property, and the princi pal assume the responsibility? What mode must a general agent adopt in performing his duties? By what is a special agent governed? When the agent's instructions do not cover the whole case? When the usago is defined by law?

6. If the principal give orders to his agent to sell, can he sell on credit? If he sell on credit, having no authority to do so? In what

agent; 5. If he render his principal inaccessible; 6. If he does not bind his principal; 7. If he act in bad faith. The principal may revoke the authority of his agent at any time. The revocation should be made known as generally as the fact of the agency, in order to release the principal from the future acts of such agent.

7. Notice to an agent respecting any matter distinctly within the scope of his agency is a notice to his principal. An agent cannot delegate his authority without express authority from his principal. If the agent has no authority to appoint a substitute, the substitute cannot be held. as the agent of the principal. He is only the agent of the agent who employs him. The person so employed is responsible only to his immediate employer, and must look to him for compensation.

8. The agent is required to exercise the same degree of care and diligence in the transaction of the business of his principal that men generally exercise in transacting their own business of the same class. The principal bargains for the exercise of all the skill, ability, and industry of the agent, and he is entitled to demand the exertion of all these in his favor. The agent must not, during his agency, put himself in a position adverse to his principal. As agent to sell, it is his duty to get the highest fair price. As agent to buy, it is his duty to buy at the lowest fair price. If an agent to buy be himself the vendor, the court will presume that the transaction was injurious to the principal, and will not allow the agent to

seven cases is the agent personally liable? When may the principal revoke the authority of his agent? What publicity should be given to the revocation to exonorate the principal from liability from future acts of the agent?

7. When is a notice to the agent a notice to the principal? Can an agent delegate his authority? If an agent, without authority, appoint a substitute, whose agent is the substitute? To whom is the person so employed responsible?

8. What degree of care and diligence is an agent required to exercise in the transaction of the business of his principal? For what does the principal bargain? Can an agent, during his agency, put himself in a position adverse to his principal? As agent to sell, what is his duty? As agent to buy, what is his duty? If an agent to buy be himself the