In sending it to b, since he had no right of choice whatever

under his instructions.^ So where a landlord gave his agent

a license for the lessee to assign the lease, but directed the

agent not to deliver it until the lessee paid the arrears of rent,

and the agent on receipt of a check delivered the license, and

the check was dishonored, the agent was held liable for the

loss.^ So if the agent parts with the principal's goods con-

trary to instructions he becomes liable for conversion.^ Gen-

erally however he is liable simply for a breach of the contract.

If the instruction be to do an illegal act, the agent is not liable

for failure to obeyJ

If the agent has a lien upon the goods entrusted to him

for sale at a minimum price, he is entitled to sell at a fair

market price, although below that fixed by the principal, in

case the latter, after due notice, refuses to repay the agent's

advances.^

A deviation from instructions may be ratified by the prin-

1 Barber v. Taylor, 5 M. & W. 527; Adams v. Robinson, 65 Ala. 586;

Frothiiigham v. Everton, 12 N. H. 239; cases cited below.

2 Rechtscherd v. Accommodation Bank, 47 Mo. 181 ; Wilson v. Wilson,

26 Pa. St. 393.

8 Whitney v. ^Merchants' Union Exp. Co., 104 Mass. 152.

* Butts V. Phelps, 79 Mo. 302.

6 Rape V. Westacott, 1894, 1 Q. B. 272.

• Laverty v. Snethen, 68 N. Y. 522.

' Bexwell v. Christie, Cowp. 395; Cohen v. Kittell, 22 Q. B. D. 680.

8 Parker v. Brancker, 22 Pick. (Mass.) 40; Marfield v. Goodhue,

3 N. Y. 62.

108 PKLNCirAL AND AGENT.

cipal and iu some cases silence after full knowledge of the

facts may amount to ratiiication.^

В§ 89. (II.) Prudence.

An agent acting for a valuable consideration is bound to

possess and to exercise a reasonable degree of skill, care, and

diligence. The measure of such skill, care, and diligence is

governed by the nature of the under_taking, by the c ustoin s

and usages of the profession or business, and by the circum-

stances of the case, but generally speaking, it may be said to

be such a degree as is ordinarily observed by prudent men

engpgcd iu similar undertakings, and under similar circum-

stances.2

One who assumes to act as a patent solicitor is bound to

possess and to exercise the knowledge and skill pertaining to

such a profession, and is liable to his principal for injury

caused by ignorance or negligence.^ An agent dealing in

rentals is bound to use reasonable care to ascertain the sol-

vency of tenants.* An agent vested with discretion as to j)ur-

chases is bound to exercise the discretion j)rudently and

reasonably in conformity with the general instructions.'' An

agent authorized to purchase timber lands must use due care

in transmitting descri])tions to his j)rinci{)al, but does not war-

rant the accuracy of sucli descriptions.'^ An agent nnist use

due care to notify his principal of facts affecting the security

of the latter's property entrusted to the agent, and a failure to

do so renders the agent liable to his principal.^ An agent

authorized to loan money is liable for negligently loaning

1 Bray v. (Jtinn, 5:5 (Ja. Ill; Hazard v. Spears, 4 Keyes (N. Y.), 460.

2 Beat r. South Devon Ry., 3 H. & C. 337; Leighton v. Sargent, 27

N. II. 4GU; AVright v. Central R. Co., IG Ga. 38; Ileinemann c. Heard,

50 N. y. 27, 35; Whitney v. Martine, 88 N. Y. 535.

8 Lee V. Walker, L. R. 7 C. P. 121.

* Heys V. Tindall, 1 B. & S. 206.

* Heinemann v. Heard, 50 N. Y. 27.

6 Page V. Wells, 37 Mich. 415.

7 Devall V. Burbridge, 4 W. cSc S. (Pa.) 305; Storer v. Eaton, 50 Me.

219.

OBLIGATIONS OF AGENT. 109

upon worthless or imprudent securities.^ An agent authorized

to effect insurance must use due care to select a solvent insurer

and secure a sufficient and adequate policy .^ Agents autho-

rized to collect debts or commercial paper must exercise dili-

gence and care, use all ordinary or customary means, and

employ the available remedies.^ If commercial paper is in an

agent's hands for collection, he must take care to make due

presentment, and demand and give due notice of dishonor.*

Ordinarily an agent for collection must take only money in

payment, and if he takes checks or other securities is liable for

any damages that accrue to the principal.^ But usage may

authorize the taking of checks.^