The principal, of right, cannot terminate a contract of agency through caprice, or where it is to his benefit to do so, unless the contract is merely at will. Where it is for a stated term he has the power to terminate it any time, if the authority is not coupled with an interest, but he must respond in damages to the agent for doing so, where the contract is terminated through no default of the agent. The revocation by the principal may be either express or implied. The statute may sometimes dictate that the form of a revocation be in writing, or even under seal.7

5 Walker vs. Derby, 5 Biss (U. 8.),

134.

6 Standard Oil Co. vs. Gilbert, 84

Ga., 714; see also, Series vs. Supt. of Poor, 58 Mich., 508.

An agency coupled with an interest cannot be revoked by the act of the principal. A sufficient interest to constitute such an agency is usually predicated of agencies, where the interest of the agent is in the thing itself and not where it is in the proceeds or avails of the agency.8

If an agent has already executed his authority or begun to execute it before he is apprised of the revocation by the principal, the revocation would be without effect, as to what was already executed, and the agent will have the right to be indemnified as to any obligation which he has made by reason of the authority.9

With the termination of the agent's power, any power delegated by the agent to a substitute, would likewise be at an end.10

Under the rules of the common law, an authority given under seal can only be discharged in the same form it is given. This rule is not applied to powers of attorney, and although such powers of appointment are made under seal they may be terminated by parol,11 unless the statute dictates another rule. Oftentimes the appointment is given in a much more formal way than the law requires, in such a case a revocation may be made in the way that the authority might have been given rather than in the way it was actually made. The principal may revoke the authority of an agent, by disposing of the subject matter of the agency either by himself, or through another agent, as for instance, where several different agents are given the power to make a sale, of the principal's land, a sale by one of them will thereby divest the others of their authority.12

7 When principal may terminate of right - See Kirk vs. Hart-man, 63 Pa. St., 97. When principal may terminate on account of agent's misconduct. Chicago, etc., R. Co. vs. Bayfield, 37 Mich., 205.

4 Big Four Wilmington Coal Co. vs. Wren, 115 I11. App., 332.

9 1 Domat B., 1 tit, 15, Sec. 4, Art.

1; Erskine Inst., B. 3, tit. 3, Sec. 40.

10 2 Livermoore on Agency, 307-308.

11 Copeland vs. Mercantile Ins. Co.,

6 Pick. (Mass.), 198.

An agent receiving his office by act of the legislature, his authority can only be taken away by the subsequent repeal of the act creating the office.13