Infant agent nor could the third person with whom the agent dealt

enforce against the agent such a contractual liability, for example,

as that which results when an adult agent assumes to make a con-

tract without authority. (See post В§ .)

§ 45. How authorized. — The infant may be

the agent of his parent or of strangers, but in either

case it must be by virtue of some actual authorization.

Even when he is to act for his parent, it must be by

Virtue of the parent's authority, for, except in some

cases respecting necessaries, a child has no implied

authority, merely because he is the child, to bind his

parent as his agent, as, for example, in buying or sell-

Ing goods, making contracts or loaning the parent's

property. Such an authority may, however, be ex*

§§45-47.] WHO MAY BE PRINCIPAL OR AGENT. 29

pressly given or it may be presumed from the parent's

conduct, as, for example, by his acquiescence in it when

brought to his attention.

See Johnson v. Stone, 40 N. H. 1ST, 77 Am. Dec. 706, Cas. Ag. 78;

Bennett v s Gillett, 3 Minn. 423, 74 Am. Dec. 774, Cas. Ag. 79; Hall

V. Harper, 17 111. 82; Swartwout V. Evans, 37 111. 442.

§ 4(>. Married woman as agent. — A married woman

might at common law be the agent of third persons,

even in their dealings with her husband. It was, how-

ever, as in the case of the infant agent, an imperfect

relation, because the married woman at common law

had no capacity to enter into contract relations. Un-

der the modern "Married Women's Acts," her capacity

to act as agent is usually made much greater.

§ 47. As agent for her husband. — Both at the

common law and under the modern statutes, the mar-

ried woman is competent to be the agent of her hus-

band. Her authority as her husband's agent is of two

kinds:

1. That created by law, even against the husband's

consent, to buy necessaries on his credit when he lias

neglected to supply her. This is a matter, however,

which does not concern us here, but belongs to the law

of husband and wife.

See Benjamin v. Dockham, 134 Mass. 418, Cas. on Ag. 71.

2. That which arises from his actual authorization,

either express or implied, as in the case of his other

agents.

The wife has no general authority as her husband's

agent merely because she is his wife. Her husband may

give her such authority, but it must be conferred either

expressly or impliedly, as in the ease of his other

agents.

Sec Benjamin v. Benjamin, 15 Conn. 347, 3D Am. Dec. 384, Cas.

Ag. 72; Cox v. Hoffman, 4 Dev. & Bat. (N. C.) ISO, Cas. Ag. 39;

Weisbrod v. Railway Co., 18 Wis. 35, 86 Am. Doc. 743, Cas. Ag. III.

30 Who may be principal or agent. [в§в§ 48-50.

§ 48. Husband as agent for his wife. — Where a

married woman is competent to act by agent (see ante

В§ 42), her husband may be appointed as the agent. "If

she appoints her husband as her agent in such a matter,

and in making the appointment acts of her own free

will and without coercion from him," said the court