Is conferred by formal instrument in writing, it is said

to be confi ired by "letter of attorney," or, more com-

monly by "power of attorney." When the authority is

conferred by power of attorney, the agent is frequently

called an "attorney," or more commonly, an "attorney

In fact."

If an agent is called upon to execute a deed, he signs it, "John

Smith," as principal, "by Richard Roe, his attorney," or, more com-

monly, "his attorney in fact"; he may say. "agent." The words,

"attorney in fact," are used chiefly to distinguish him from an

attorney at law.

See Loudon Savings Fund Society v. Hagerstown Savings Bank,

3G Pa. St. 498, 78 Am. Dec. 390, Cas. Ag. 371.

§ 13. Classification of agen -ies — Actual or osten-

sible. — Agencies are sometimes classified as actual or

ostensible.

The agency is actual when the agent has really been

employed and authorized by the principal; the agency

Is ostensible when the principal intentionally, or by

want of ordinary care, leads a third person to believe

another to be his agent who has not really been em-

ployed and authorized by him.

This distinction is one which is made in the Code of California,

and has been adopted by several of the States in enacting their

Codes.

A man is an actual agent when he really has been employed, but

he is an ostensible agent when the principal, either intentionally or

by want of ordinary care, has held him out as though he were agent.

So far as third persons are concerned, it usually makes no difference

whether the agen actual or ostensible. If one person causes

another reasonably to believe, and to act upon the belief, that a cer-

tain man is his agent, then, so far as that other person is concerned,

the assumed agent is agent. The agent always knows whether he has

been employed, the principal always knows. As between themselves

there is no difficulty. Third persons, however, cannot usually know

whether he has really been employed or not, but if the principal

leads the third person to believe that the man is an agent, then tl !

principal is bound.

This distinction runs all through the law of agency.

12 Definitions and distinctions. [в§ 14.

§ 14. Universal, general and special agency.—

The most important classification of agencies is that

based upon the nature and extent of the authority con-

ferred into universal, general, and special agencies.

A universal agent is one authorized to do all acts for

his principal which can lawfully be delegated to an

agent.

A general agent is one having general authority to

act in reference to some transaction or to some kind

or series of transactions.

A special agent is one authorized to act only in a par-

ticular event and in accordance with specific instruc-

tions.

The distinction between the general and the special agent Is

not always easy to draw, and courts and writers have not agreed

upon the basis of it. judge Story has said: "A special agency

properly exists, when there is a delegation of authority to do a single

act; a general agency properly exists where there is a delegation to

do all acts connected with a particular trade, business or employ-

ment." Story on Agency, В§17. Professor Parsons has said: "A

general agent is one authorized to transact all his principal's busi-

ness, or all his business of some particular kind. A particular

[special] agent is one authorized to do one or two special things."