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A TREATISE

UPON

THE LAW

OF

PRINCIPAL AND AGENT

IN

CONTRACT AND TORT.

BY

WILLIAM EVANS, B. A. OXON.,
AND OF THE INNER TEMPLE, ESQ., BARRISTER-AT-LAW.

EDITED AND ANXOTATED BY

MARSHALL D. EWELL, LL. D.,
PROFESSOR IN UNION COLLEGE OF LAW, CHICAGO, AND AUTHOR OF " A TREATISE ON TIE

LAW OF FIXTURES," “ LEADING CASES ON DISABILITIES," ETC.

CHICAGO:
CALLAGHAN AND COMPANY.

1879.

Entered according to Act of Congress, in the year eighteen hundred and seventy-nine,

BY CALLAGHAN & CO.,
In the office of the Librarian of Congress, at Washington, D. C.

DAVID ATWOOD, PRIXTER AND STEREOTYPER, VADISOX, WIS.

AUTHOR'S PREFACE.

The object of this Treatise is to present to the English lawyer a general view of the English law of agency in its varions ramifications; and in order that this object may be carried out the more completely, few authorities are cited other than decisions of our own courts of law, and judicial statements of the law. Of the existing works which treat of the English law relating to principal and agent, that of Mr. Justice Story, embracing as it does the American and civil law, is wider in its range; whilst those of Paley and Mr. Russell, Q.C., being confined for the most part to an exposition of so much of the law as relates to mercantile agents, are less comprehensive in their range than the present Treatise. There appears, therefore, to be room for a work which, although less ambitious than the excellent Treatise of Mr. Justice Story, will yet embrace the law of agency as administered in this country.

As to the manner in which the subject has been treated, it may be observed, that the rules and principles relating to the law of principal and agent are referable to three divisions, viz., according as they relate, first, to the contract generally, its origin and dissolution; secondly, to the authority conferred, its nature, extent or execution; and, thirdly, to the rights, duties and liabilities arising out of the contract. Such has been the division adopted. For the rest, wherever it seemed necessary for the sake of clearness, an endeavour has been made in these pages to digest, at least, a part of the principles

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of the law of agency, as well as to show the developinent of the principles by a reference to reported cases. With reference to the undoubted merits of casting the whole law of agency into the form of a digest or code, nothing more need be said here than that a collection of decisions and authorities, such as are contained in this Work, will, it is hoped, render the making of either an easier task in the future.

WILLIAM EVANS. 3, ESSEX COURT, TEMPLE,

June, 1878.

EDITOR'S PREFACE.

The very favorable opinions which Mr. Evans' work has elicited from the legal press of this country wonld seem to render no apology necessary for the presentation of an American edition. The object and scope of the original work are well stated in the author's preface; and perhaps in the opinion of many of the profession one of its points of excellence, especially for the use of students, will be found in the fact that it discusses only the law of agency as it prevails at the common law, which in this respect is so rich in materials as to render a resort to foreign jurisprudence at the least superfluous and of little value except to the student of comparative jurisprudence. The aim of the editor has been to present in the form of notes a suminary of the American law upon the topics discussed in the text, and to cite with considerable fullness the American cases upon the subjects treated, and thus render the work useful to American students and practitioners investigating this branch of the law. Such errors of citation and other errors as were discovered in the original edition have been corrected, and nearly one hundred additional English cases not cited in the original work have been cited in this edition, which it is hoped will be found of sufficient value to warrant its publication.

MARSHALL D. EWELL. Chicago, September 17th, 1879.

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