Pocket Manual of Standard Legal and Business Forms, Annotated; For All Business, Corporate and Legal Transactions, with Explanations and Citations, In

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: (Signature of officer.) u. Notary Public, u'- Coofc County nitnoig. cation My commlsglon expires 19... 1. Where affidavit is to be used in a pending court proceeding. 2. Or commence: A. B., being first duly tworn, etc. CHAPTER in. AGENCY. Agency' is the legal relation existing where one person (agent) represents another (principal) in business dealings with third persons. Parties:2 One who has capacity to act for himself may be principal, and one who lacks personal capacity to do an act cannot employ an agent to do it. Anyone, except a lunatic, imbecile, or infant of tender years, may be agent. Pnrposei:3 Whatever one may do himself he may do through an agent, except acts so personal that their performance cannot be delegated, such as making will, contracting marriage, and duties involving personal services or trust. Agency to do acts illegal or contrary to public policy is void. Consideration4 Is required in executory agency agreement; but entering upon performance binds agent to complete it, even though gratuitous. Appointment and acceptance5 are essential elements, but may be implied from conduct and circumstances evidencing intent or creating estoppel, as where apparent authority is vested, exercised or asserted, and third persons change their position in reliance thereon. Form, of appointment is immaterial, except that it must be of equal dignity with power to be executed and meet any statutory requirements. Parol appointment is otherwise sufficient to execute a contract required by statute of frauds to be written. Execution In presence and at request of principal is generally held to dispense with requirement of written authority. 1. 2 CJ 419. 4. 2 CJ 433. 2. 2 CJ 430. 5. 2 CJ 432-441, 460, 46 3. 2 CJ 431. 6. 2 CJ 450-458. ...