A

SELECTION OF CASES

ON

AGENCY.

BY

EUGENE WAMBAUGH, LL.D.,

PROFESSOR OF LAW IN HARVARD UNIVERSITY

CAMBRIDGE

HARVARD UNIVERSITY PRESS

PREFACE.

IN selecting and arranging these cases, the purpose has been to furnish material for the study of the principal topics of Agency, including some topics frequently classed under the head of Master and Servant. As far as practicable, use has been made of those famous cases with which it is peculiarly important that the student should become acquainted. The order of the chapters and of the sections has been determined, not by the views of analytical jurists or of codifiers, but by the supposed convenience of students; and consequently the plan has been to place in close juxtaposition topics that throw light upon one another, and to present the easiest and the most fundamental topics as early as possible. The cases as to each topic have been arranged chronologically. The statements by the reporters, and the opinions of the judges, have been reprinted in full, with exceptions indicated in the foot-notes; but the arguments of counsel have usually been omitted. The citations in the foot-notes have been intended to include only such cases as may profitably be examined by students.

Thanks are due to Professor William A. Keener, of the Columbia Law School, and Professor Jeremiah Smith, of the Harvard Law School, for cordial permission to use lists of cases prepared by them. It is matter of regret that it