Definition of Agency

A relation, created either by express or implied contract or by law, whereby one party (called the principal or constituent) delegates the transaction of some lawful business or the authority to do certain acts for him or in relation to his rights or property, with more or less discretionary power, to another person (called the agent, attorney, proxy or delegate) who undertakes to manage the affair and render him an account thereof. State v. Hubbard, 58 Kan. 707, 51 Pac. 290, 39 In R. A. 860; Sternaman v. Insurance Co., 170 N. Y. 13, 62 N. E. 763, 57 In R. A. 318, 88 Am. St. Rep. 625; Wynegar v. State, 157 Ind. 577, 62 N. E. 38. The contract of agency may be defined to be a contract by which one of the contracting parties confides the management of some affair, to be transacted on his account, to the-other party, who undertakes to do the business and render an account of it. 1 Liverm. Prin. & Ag. 2. A contract by which one person, with greater or less discretionary power, undertakes to represent another in certain business relations. Whart. Ag. 1. A relation between two or more persons, by which one party, usually called the' agent or attorney, is authorized to do certain acts foe, or in relation to the rights or property of the other, who is denominated the principal, constituent, or employer. Bouvier.
—Agency, deed of. A revocable and voluntary trust for payment of debts. Wharton.
— Agency of necessity. A term sometimes applied to the kind of implied agency which enables a wife to procure what is reasonably necessary for her maintenance and support on her husband's credit and at his expense, when lie fails to make proper provision for her necessities. Bostwick v. Brower, 22 Misc. Rep. 709, 49 N. Y. Supp. 1046.