In some other controversy, parol evidence may be ad-

mitted, even though the authority was in writing.

See Neal v. Patten, 40 Ga. 363; Bridge Co. v. Geisse, 38 N. J. L. 39.

§ 73. How question determined. — Where the

authority is in writing and the writing is produced, the

|7X.] APPOINTMENT OF AGENTS. 43

question whether aii agency has been created by it, and

If so, what is its scope and effect, are questions of law

for the court.

So if there be no writing but the facts are not dis-

puted, the question whether under the undisputed f.

an agency exists, and if so, what is its nature and ex-

tent, is likewise for the court.

But where the authority is not in writing and the

facts are in dispute, it is for the jury to determine, un-

der proper instructions from the court, not only the

existence of the agency, but also its nature and effect.

See Savings Society v. Savings Bank, 36 Penn. 498, 78 Ata. Dec.

390, Cas. Ag. 371; Railroad Co. v. Henlein, 52 Ala. 606; Wilicox v.

Hines, 100 Tenn. 524, 45 S. W. Rep. 781, 66 Am. St. Rep. 701; See-

horn v. Hall, 130 Mo. 257, 32 S. W. Rep. 643, 51 Am. St. Rep. 56.'.

44

OF AUTHORITY BY RATIFICATION.

[В§ 74.

CHAPTER V.

OF AUTHORITY BY RATIFICATION.

В§ 74. How question arises.

1. What is Ratification.

75. Ratification defined.

2. What Acts May Be Ratified.

76. In general, any act which

might previously have

been authorized.

77. Not void or illegal

acts.

78. Forgery.

3. Who May Ratify.

79. In general, any person

who might authorize.

80. State, corporation, etc.

81. Infants — Married women.

82. Agent.

4. Conditions of Ratification.

83. What conditions must ex-

ist.

5. What Amounts to a Rati-

fication.

84. General rule.

85. Ratification by instrument

under seal.

86. Ratification by authority

subsequently conferred.

87. Ratification by conduct.

88. By accepting benefits.

89. By bringing suit.

90-91. By acquiescence.

, The Effect of Ratification.

92. In general.

93. Revocability.

94. Effect as between princi-

pal and agent.

95. Effect as to rights of third

party against principal.

96. Effect as to rights of prin-

cipal against third party.

97. Effect between agent and

other party.

98. In tort.

§ 74. How question arises. — The matters thus far

dealt with have been those which relate to the creation

of authority before an act is done. Cases, however, not

infrequently arise in which a person ha,s done an act

as agent for another which proves to be unauthorized

either because the authority was not broad enough to

include it, or because though it once existed it had ex-

pired, or because, perhaps, there was no semblance at

any time of authority and the act was based upon a

mere gratuitous assumption of authority. In all of

these cases, of course, the supposed principal is not

5В§ 74-76.] OF AUTHORITY BY RATIFICATION. 45

bound and may repudiate the act when brought to his

attention.

Suppose, however, on the other hand, that, when the

act is brought to his attention, he approves of it, and

would be glad to have it regarded as an act done on his

account; or su ppose that when the act La brought to

his attention, he is so indifferent towards it that he

simpl y does nothing, leaving th e matter in such con-

dition tha t, an infcrPTW of approval is just as legiti -

mate as the inference of disapproval, or, perhaps, is

stronger. What is now the legal situation? May an

una uthorized act be subsequently either e vprpssly or