Agent

One who undertakes to trans act some business, or to manage some affair, for another, by the authority and on account of the latter, and to render an account of it.

1 Liverm. Prin. & Ag. 67; 2 Bouv. Inst. 3.

An agent is one who represents another called the “principal,” in dealings with third persons. Such representation is called ageney.

Civil Code Dak. § 1337.

The terms “agent” and “atiorney” are oft en used synonymously, Thus, a letier o power of attorney is constaitly spoken of a the formal instrument by which an agency is created.

Paley, Ag. (Dunl. Ed.) 1, n.

Classification

Agents are eibler general or special. A general agent is one employed in his capacity as a professional man or Inaster of an art or trade, or one to whom the principal confides his whole business or all transactions or functions of a designated class. A special agent is one employed to conduet a particular transaction or authorized lo perform a specified act. Agents employed for the sale of goods or merchandise are called “mercantile agents,” and are of two principal classes,—brokers and factors, (qg. v.,) a factor is sometimes called a “commission agent,” or “commission merehant.”

Russ. Mere. Ag. 1.

Synonyms

The term “agent” is to be distinguished from its synonyms “servant,” “representative,” and “trustee.” A seryant ucts in behalf of his master and under the latter's direction and authority, but is re garded as a mere instrument, and not as tha substitute or proxy of the master. <A representative (such as an executor or an assignee in bankruptcy} owes his power and authority tothe law, which puts him in the place of the person represented, although the flatter may have designated or chosen the representative, A trustee acts in the interest and forithe benefit of one person, but by an authority derived from another person. In international law. A diplomatic agent is a person employed by a sovereign to Inanuge his private affairs, or those of his In the practice of the house of lords and privy council. In appeals, solicitors and other persons admitted to practise in those courts in a similar capacity to that of solicitors in ordinary courts, are technically called “agents.” Macph. Priv. Coun. 65.