Ordinarily authority may be conferred on the agent by parol,8 and it is only in those cases where the requirements of the statute of frauds must be met, that a written authority is necessary, though the common law sometimes requires the authority to be under seal as where the agent is appointed to make a conveyance of title to real property or make a sale of land. If the appointment is required to be under seal then the land to be conveyed should be described in a manner sufficient to identify it. If the agent, however, executes the deed in the immediate presence of the principal, authority under seal is unnecessary.9 The agent, of course, must accept the appointment to the agency and the contract as agreed on, must possess all the elements of any other valid contract. Where the statute of frauds requires a written appointment this may be shown by correspondence in the form of letters,10 or telegrams,11 as this would be sufficient memorandum of the agreement. But the memorandum must in any case identify the parties, and state the terms of the authority.

4 New England Maine Ins. Co. vs.

DeWolf, 8 Pick (Mass.), 56.

5 Johnson vs. Dodge, 17 I11., 441.

6 Watson vs. Sherman, 84 I11., 263. 7 Italian Swiss Agricultural Colony vs. Pease, Sheriff, 194 I11., 98;

Rawson vs. Curtis, 19 I11., 456. 8 Story on Agency, Sec. 47. 9 Gardner vs. Gardner, 5 Ceash, 483.