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Their Appointment and Im Plied Powers


THEIR APPOINTMENT AND IM PLIED POWERS. In the absence of statute no spe cial mode of appointing or authorizing a broker is nec essary, and the authority may be given by parol or in writing, or may be implied from, acts and conduct of the parties. (Howe Machine Co. v. Clark, 15 Kans. 493.) The implied powers of the broker duly author ized are not extensive, not having possession of the goods or property, his duties are rather to assist the parties to act for themselves than to represent them. The usages which have grown up in the particular transactions which he makes, assist in determining and fixing the limits of his implied powers. These com mercial usages arc enforced by the courts when reason able. (Mechem on Agency, Sec. 94o.) The principal is supposed to give the authority with reference to well known usages of the business, but usage will not suffice to authorize a broker to act contrary to express instruc tions. All reasonable and necessary powers to con clude the transaction for which he was engaged are implied.

He has no authority to delegate his employment, or to act for any but the party employing him, unless with the knowledge and consent of both parties whom he seeks to represent; or to go outside of his instructions, unless in cases of emergency. Ile should act only in the name of the principal, and as a rule has no implied power to act in his own name. (Saladin v. Mitchell, 45 Ill. 79.) If employed to buy or sell property and not instructed as to price, he has implied authority to pay or receive in good faith the usual market price. (Bige low v. Walker, 24 Vt. 149.) He has no authority to re ceive payment unless expressly conferred, but having the right to arrange the terms of sale may give reason able credit, unless usage forbids.

implied and authority