3. Where the broker on the face of the notes appears

as the principal, though he really is only an agent ; as where

he gives to the buyer a note beginning, " Sold to you by

me," and signed merely, " C." Here the broker renders

himself personally liable on the contract, according to the

rules which apply to the cases of undisclosed principals,

and which are discussed in another part of this book.

4. Where the broker on the face of the notes professes

to sign as a broker, though he is really the principal : in

which case the broker's signature does not bind the other

party — vide Mollett v. Robinson (1874), 7 H. L. 802.

As brokers have not possession of the goods they

obviously cannot have any lien. There is, however, an

exception in the case of insurance brokers, who have a

general lien on the policy for commission and for premiums

32 TEE LAW OF AGENCY.

paid and payable by them ; it being the custom to leave

the policy in their hands — vide Snook v. Davidson (1809),

2 Camp. 218, and Mann v. Forrester (1814), 4 Camp. 60.

It seems that a broker has an implied authority to

receive payment and give receipts when it is customary

in the particular business in which he is employed — vide

Catriphell v. Hassel (1816), 1 Stark. 233, and Jackson v.

Jacobs (1837), 5 Scott. 79.

It also seems probable that a broker has an implied

authority to sell upon credit, when it is customary to do

so in the particular business in which he is employed ; but

certainly not otherwise.

Wiltsliire v. Shns (1808), 1 Camp. 257; here it was held

that, as stock is usually sold for cash, a stockbroker could

not sell it upon credit without having a special authority

to do so ; for in the absence of special authority an agent

can only do an act in the way that is usual in the business

in which he is employed.

Pape V. AVestacott (1894), 1 Q. B. 272, & 10 T. L. R. 51 ;

here it w^as held that an agent employed to receive money

has no implied authority to receive payment on behalf of

his principal in any other mode than in cash, in the absence

of usage to the contrary.

Auctioneers. — An Auctioneer is a mercantile agent who

is employed to sell goods, wares, or merchandise, at a public

auction, on behalf of his principal.

An auctioneer has possession of the goods, and an

implied authority to sell them in his own name. If he

does sell without disclosing the name of his principal, even

thoufdi he is known to Ije an agent, he is personally liable,

and can himself both sue and be sued upon the contract —

vide Franldyn v. Lamond (1847), 4 C. B. 637.

It seems that an auctioneer has an implied authority to

AUTHOBITY OF AGENTS. 33

receive payment in cash, and to give a receipt therefor on

behalf of his principal — vide Sykes v. Giles (1839), 5 M. &

W. 645, and Williams v. Evans (1866), L. R. 1 Q. B. 352.

But he has, apparently, no implied authority to sell on

credit, unless he can show some particular custom or usage

which allows him to do so — vide Williams v. Millington

(1788), 1 H. Bl. 81.

Neither has he any implied authority to give a warranty

—vide Payne v. Lord Leconfield (1882), 51 L. J. Q. B, 642.

An auctioneer's signature in his sale book at a public

auction is a sufficient memorandum to satisfy the Statute

of Frauds ; for though he is primarily agent of the seller,

he becomes also agent for the buyer directly the goods are

knocked down — vide Emmerson v. Heelis (1809), 2 Taunt.