25. A employed B to purchase property for her for $5,000. B negotiated with the owner and found he could purchase for $4,500. B thereupon bought it himself. A learning of this brings suit, tendering $4,500. B claims that he is entitled to $5,000 or at least $4,500 and interest thereon during the time of the investment. What are his rights? (Boswell v. Cunningham (Fla. ). 21 L. R. A. 54.)
26. A consigned butter to B, a commission merchant, for sale by B. B insured the butter. A fire occurred, doing some damage, and the arbitrators allowed B a sum for damages and allowed B to sell the butter for what he could get. B sold the butter and rendered an account to A, charging A with commissions and insurance premium, and not mentioning the fire. A learning of the fire sues to get back the commission and to be allowed the insurance money. Can he prevail? (Fish v. Seeberger, 154 111. 30.)
27. M desiring to buy land, and knowing that A was acting as agent for P, entered into an arrangement with A to buy the land, ostensibly for M, but in reality for the joint benefit of M and A. P, the owner, after the deal had been consummated, learned of the arrangement and now sues to set the sale aside. Can he recover? (Glover v. Layton, 145 111. 92.)
28. D was manager of a theatre for H. H had a ten year lease. Before the lease expired D secretly applied to the owner of the building for a renewal of the lease at an increased rental. II claims the benefit of this lease. Is he entitled to it? (Davis v. Hamlin, 108 111. 39; Essex Trust Co. v. Enright, 214 Mass. 507, 47 L. R. A. N. S. 567.)
29. P instructed A to purchase certain bonds for which he was remitting money. Before the money reached A, the bonds had a great and unexpected rise in price. A delayed purchasing until he could receive further instructions from P and the bonds went still higher. Is A liable for not buying the bonds upon his receipt of the money? State the principles involved. (Bernard v. Maury, 20 Grant. (Va.) 434.)
30. What is the meaning of the phrase "Delegata potestas non potest delegari"?
31. What acts can an agent properly delegate?
33. If an agent makes a contract for his principal and the third person defaults is the agent liable for such default?
34. What is a del credere agency? Does the statute of frauds apply thereto? Must the principal first have recourse against the customer before he can hold a del credere agent?
35. T deals with A, who acts nominally as P's agent. As a general statement what must T show to hold P on the contract made by A In P's name?
36. What is express authority? implied authority? apparent authority?
37. A general manager of a piano company publishes an offer of a reward to persons solving a certain rebus. The company defends in a suit by M for the reward that its board of directors had voted that no such rewards be offered and the manager had been so notified. Is the, company liable?
38. An agent was employed to establish an agency for a sale of trucks in a town, and traded a sample truck belonging to the employer for an automobile with the persons whom he was establishing as agents for the sale of trucks for his employer. The employer attempts to repudiate the transaction. Is he bound by his agent's act? (Davidson v. Parks, 108 Atl. (N. H.) 288.)
39. An agent had authority to collect interest on his principal's debts. With no other express authority than this he collected a debt itself and absconded. The debtor claims that the agent bad authority to collect the debt and that the principal is bound thereby. How should the court decide? (Thornhill v. Massucci, 216 S. W. (Mo. Ap.) 819.)
40. P conferred upon A power to manage P's real estate, and execute deeds and mortgages and the necessary promissory notes, and pay taxes, "and generally to act in the premises as fully as I might act personally." A borrowed money from M In P's name, for the purpose of paying taxes. He used the money for himself. M sues P on the notes given by A in P's name. Can M recover? (William V. Dugan, 217 Mass, 256, L. R. A. 1916 C. 110.)
41. A was an agent to solicit advertising and to collect accounts in checks or cash due for advertising; he collected certain checks payable to his principal, and had them cashed at the T bank. A absconding with the proceeds, P sues the T Bank. Can he recover? (Dispatch Printing Co. v. Nat. Bank of Com., 109 Minn. 440.)
42. An agent had a writing from his principal reciting that the agent was "hereby authorized to transact any and all business for the company." Having a check in his possession payable to the company, he indorsed the company's name to the check and procured the money from the defendant bank. Assuming that there are no circumstances showing any authority of the agent except the above writing, is the bank protected in paying this money to the agent? (Coleman v. Seattle Nat. Bk., 186 Pac. (Wash.) 275.)
43. P had a horse to sell and gave it into A's possession with authority to go out and sell to any purchaser he might find, but for not less than $3,000. A sold to T for $1,000. P repudiates the transaction. Is the bargain good?
44. A being employed to collect notes for P, took hay in payment, believing that the best way to get the most for his principal. Can C repudiate the deal? (Rush v. Rush, 170 111. 623.)
45. An agent is authorized to sell lumber. He makes a warranty as to the quality of the lumber. On a sale for the price, defense is made that the warranty was broken. The principal had no actual knowledge of the warranty. Is he bound thereon? (Eichler v. Kahnweiler, 178 N. Y. S. 257.)
46. A had authority to receive orders for goods sold by P. M of the firm M and N, customers of P, gave A notice of his withdrawal from that firm. N thereafter bought goods from P in the old firm name. A did not inform P of the notice given him. P seeks to hold M and N. Can he hold M? (Cox v. Pearce, 112 N. Y. 637, 3 L. R. A. 563.)