1846. An authority to sell does not, however, authorize a sale on credit, unless it is

a known usage of trade that the articles which form the subject of the authority

should be sold in that manner. Thus, the owner of stock is not ordinarily bound by

the contract of his agent employed to sell, if he has sold on credit. See Delafield v.

The State of Illinois, 26 "Wend. 223. When the business which makes the object of

the agency may, with equal advantage to the principal, be performed in two or more

different ways, the agent may, in general, do it in either, provided a particular mode

has not been prescribed to him. But when his authority prescribes the mode of

doing the business, he will not be at liberty to pursue another. Tlius, an authority

to sell by auction will not support a sale by private contract. 1 Liv. on Prin. &

Agent, 103. Daniel v. Adams, Amb. 495.

An authority given by statute to public agents, vests them by implication with all

the ordinary means for carrying into effect the objects contemplated by the legisla-

ture. The United States v. Wyngall, 5 Hill, 16.

PRINCIPAL AND AGENT. 177

Rights of third Persons against Principal.

Ing the general business of a mine to borrow money in case of ne-

cessity. — " No such power," said Parke, B., " exists, except in the

cases of the master of a ship, and of the acceptor of a bill for the

honor of the drawer. The latter derives its existence from the law

of merchants, and, in the former case, the la-w, which generally pro-

Vides for ordinary events, and not for cases which are of rare occur-

rence, considers how likely and frequent are accidents at sea, when

It may be necessary, in order to have the vessel repaired or to raise

the means of continuing the voyage, to pledge the credit of her

owners ; and therefore it is that the law invests the master with

power to raise money, and by an instrument of hypothecation to

pledge the ship itself if necessary. If that case be analogous to

this, it follows, that the agent had power, not only to borrow money,

but, in the event of security being required, to mortgage the mine

itself. The authority of the master of a ship rests on the peculiar

character of his of&ce, and affords no analogy to the case of an

agent. I am therefore of opinion, that thg agent of this mine had

not the authority contended for."

Such being the general rules concerning an agent's power, let us

now consider a little more particularly, what course he must pursue,

in order to bind his principal by two or three of the most usual

species of engagements.

In executing a deed, he may either sign the name of his princi-

pal, (r) or state it to be done by himself as agent for his principal, (s)

or by his principal, through him, the agent, {t) But if he sign

his own name without mentioning his principal, the latter will not

be bound, (w)*

In like manner, an agent employed to draw, indorse, or accept

(r) 9 Co. 76, 77 ; Moor, pi. 1106 ; 1 Str. 705. Wilks v. Back, 2 East, 142.

(s) 9 Co. 77. Parker v. Kett, Sal. 95.

(<) Wilks V. Back, 2 East, 142, per Grose, J.

(m) 9 Co. 76, 77. D'Abridgeeourt v. Ashley, Moor, 818; see 1 Str. 705. Wilks v.

Back, 2 East, 142. Bacon v. Dubarry, 1 Ld. Raym. 246; Sal. 70; 12 Mod. 129.

* S. P. Lessee of Clark v. Courtney, 5 Peters, 318. Martin v. Flowers, 8 Leigh.