For it is a personal trust or confidence, and therefore by implication prohibited from being delegated; as, if a man has a power given to him by the owner to sell an estate or to make leases for him, he can not act by an attorney or agent, for it is a personal trust. The same is true if, by will, an executor has power given to him to sell property. Wilson v. Mason, 158 I11. 304, 42 N. E. 134. The same rule applies to a broker, for he can not delegate his authority to another to sign the contract on behalf of his principal, without the assent of the latter, for a personal trust and confidence is reposea in him. Story on Ag. Secs. 12 and 13: Foss Inv. Co. v. Ater, 49 Wash. 446, 95 P. 1017; Mechem on Ag. Sec. 19. It follows, that where the broker's power contains no power of substitution, he can not delegate his authority to another. Kilpatrick v. Wiley, 197 Mo. 123, 95 S. W. 213. A broker whose employment involves the exercise of discretion is without authority to sub-delegate his authority to another; however, when the act to be done is ministerial or mechanical, the agent may employ another to do it. Ryer v. Turkel (N. J. Err. & App.), 70 A. 68. Compare Sec. 987.

Rule that an agent cannot delegate a trust or discretion to another does not prohibit a real estate broker from employing others for services involving no discretion or judgment. Jackson v. Brower, 167 P. 6, 22 N. M. 615.