In the absence of a contrary expression in the power, the presumption is, that an agent who is given power to sell property, must sell for cash and not on credit.20 Where, however, an agent is clothed with general authority to fix the price and terms of sale, a reasonable construction of the authority so given would include the giving of credit, unless this is contrary to usage.21 The agent would be bound to act in good faith in any event.

Whenever an agent has been given express authority to sell on credit, he must exercise his reason and discretion in giving credit; he must not depart from the rule of custom of the place in which the sale is made.22 Where a sale is on credit and it is intended that the agent shall take certain security, or such a thing is customary, the mortgage or security should be taken.

18 Matthews vs. Soule, 12 Neb., 398. 19 Dana vs. Turlay, 30 N. W. Rep.,

860. 20 May vs. Mitchell, 5 Humph.

(Tenn.), 365; Payne vs. Potter, 9 Iowa 549 21 Putman vs. French, 53 Vt., 402. 22 Carson vs. Smith, 5 Minn., 58.