and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.

(3) Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept.

REMEDIES OF THE BUYER.

41. (1) Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery.

(2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller's breach of contract.

(3) Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered, or, if no time was fixed, then at the time of the refusal to deliver.

42. (1) Where there is a breach of warranty by the seller, or where the buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may

(a) Set up against the seller the breach of warranty in diminution or extinction of the price; or

(b) Maintain an action against the seller for damages for the breach of warranty.

(2) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.

(3) In the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.

AGENCY.

1. Definition.

2. Kinds of Agency.

ANALYSIS.

3. Who may be principals.

4. Who may be agents.

5. Appointment.

6. Appointment by implication.

7. Delegatus non potest delegare.

8. Authority of the agent.

9. Authority of the agent, how exercised.

10. Duty of agent to principal.

11. Duty of principal to agent.

12. Duty of agent to third persons.

13. Liability of principals to third persons.

14. Undisclosed agency.

15. Liability of principals on agent's torts. 16. Liability of third persons to agent.

17. Liability of third persons to principal. 18. Agency by ratification.

19. Summation of agency.

AGENCY.

1. An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.

2. Agents are universal when they represent their principals in business of every kind; general, when they represent their principals as to all matters of a certain kind, or in a certain place; special, when they represent their principals only as to a special matter.

3. Any person who is competent to transact the business itself is competent to appoint another as agent to transact it for him. An insane person cannot, therefore, be a principal, but no executed contract between an insane principal and one ignorant of the other's insanity will be set aside, if the contract will be a fair one and the parties can be restored to their original positions. An infant cannot be a principal; a married woman as to her separate estate may be. A partnership may be a principal. A corporation, being an artificial being, only able to act through agents, must, of necessity, be a principal.

4. Since an agent acts, not in his own right, but in the right of his principal, any person may be an agent, except imbeciles and children of tender years. A married woman may be her husband's agent and under modern law the agent of third persons.

5. An agent becomes such by some appointment of his principal. This appointment may be made and evidenced in numerous ways. But the intention of the principal to make him agent must exist in fact or be assumed by the law in those cases where the agency is created by estoppel. Authority may be conferred on the agent in writing or by parol; but no agent can be authorized to execute a deed under seal, except his authority be conferred by an instrument under seal.

6. Where one has been held out to third persons as the agent

of another, the one so holding him out will be estopped to deny that such person is his agent to persons who have dealt with him in the belief that he was in fact an agent. The law in such cases implies the agent's authority.

7. An agent is presumed to be chosen and appointed by his principal because of his trust and confidence in the agent. Hence, the general rule is that an agent can not delegate the duties of the agency to others. Delegatus non potest delegare. Such is the rule as to duties requiring discretion, skill and confidence, but an agent may delegate to others purely ministerial and mechanical duties.

8. An agent possesses only that authority which the principal has conferred upon him, either expressly or by implication, as where he has held him out to third persons as possessing such authority. Acts of the agent in excess of this actual or apparent authority, do not bind the principal. Third persons dealing with the agent must ascertain the agent's authority, and cannot rely on the agent's own statement of his authority. But every agent has authority to do all things usual and necessary to carry into effect the purpose of his agency.

9. In the execution of his authority an agent must act in the name of and in behalf of his principal. So a deed executed by agency must purport to be made by the principal. So in the execution of negotiable paper, it must appear that the principal is the maker of the paper. Likewise in the execution of other contracts i must be apparent that it is the principal acting merely through an agent. Whether an agent I as properly executed his contract depends upon the test what was the intention of the parties as manifested in the contract. If it is clear that the principal was to be bound, then the agent has properly exercised his authority. It is not sufficient that the agent describes himself as agent, for this may be merely descriptio personae, and in such case the agent binds himself and not the principal.

10. Agents must be faithful, obedient and careful in handling their principal's business, and are liable to