In Testimony Whereof, I have hereunto set my hand and seal this 6th day of January, 1921. Signed, Sealed and De

livered in Presence of

COUNTY OF COOK.
STATE OF ILLINOIS,

(Notarial Seal)

}

SS.

JAMES X. SHOWALTER

(Seal)

I, Herbert Jones, a Notary Public, in and for, and residing in the said County in the State aforesaid, Do Hereby Certify, that James X. Showalter, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said Instrument as his free and voluntary act, for the uses and purposes therein set forth.

Given under my hand and notarial seal, the 6th day of January, A. D. 1921.

HERBERT JONES.
Notary Public.

(Note: The above is a very general power of attorney giving authority to dispose of or contract in reference to the lands of the principal. A power of attorney might only cover the very thing expected to be done, as to sell certain land, described in the power of attorney, at certain prices or upon certain terms therein named. A power of attorney giving authority to sell or dispose of real estate is, in case of its use, recorded in the same manner as deeds are recorded. But powers of attorney which are used as the evidence of one's authority to do things which are not matters of record, are themselves, of course, not recorded.)

APPENDIX B.

QUESTIONS AND PROBLEMS.

APPENDIX B.

QUESTIONS AND PROBLEMS.

CHAPTER ONE.

1. Define the terms "agent" and "servant"; show in what way an agent is the same as a servant and in what respects the two differ, and how an agent or servant differs from an independent contractor.

2. A contracts with B, a building contractor, for the erection of a garage on A's land, with the understanding that B shall furnish all necessary material and labor. B employs, among others, C, a painter, and tells him to get all the required paint. C does so and charges the paint to A. Can the seller of the paint hold A on the theory of agency? Is B A's agent for any purpose?

3. What is the meaning of the maxims "qui facit per alium, qui facit per se" and "respondeat superior"?

4. A hotel Co. owning a number of cabs upon which its name is painted enters into contracts called "leases" with drivers whereby the cab drivers shall pay a stipulated consideration per day for the use of the cabs. The cab drivers agree to render service to the hotel guests, and are entitled to keep all fares collected by them. M while riding a bicycle was run down and injured by one of the cabs and the accident also causes injury to a passenger, who is being driven to the hotel. M and the passenger sue the Hotel Co. Can either recover? (McColligan R. Co., 214 Pa. 229, 6 L. R. A. N. S. 544 and note.)

5. A employs M, a minor, aged ten years, to buy some goods for him of B upon A's credit. The boy buys the goods and A is charged with the cost. On the way back M engages in play and forgets the goods, leaving them beside the road, where they are stolen. In a suit by B against A for the price of the goods A defends that M had no capacity to act for him. How should the case be decided? Why? 6. May a minor appoint an agent?

7. What is the rule as to the appointment of an agent for purposes that are illegal or opposed to public policy?

CHAPTER THREE.

8. P appoints A his agent with power to make a deed to P's real estate, Blackacre, and to enter into a contract for the sale of Whiteacre. A's authority is in writing but not under seal. Under the law a deed to real estate requires a seal, but a contract to make a deed does not require a seal. A puts a seal on both instruments. P seeking to get out of both acts charges that A had no sufficient authority to represent him. Will the deed or the contract stand?

9. Under the statute of frauds requiring contracts to be proved by written memorandum, may an agent who is duly authorized to make a contract covered by the statute of frauds, make a sufficient memorandum to bind his principal where the principal says nothing about it?

10. What is the authority of a wife to bind her husband?
What is the authority of a child to bind his parent?

11.

13. A of the firm of A and B, bought goods in his own name and for his own personal purposes, as the seller knew. Not having the expected use for such goods he sold them to the firm. The seller learning of this sues A and B for the price and B claims that he cannot be held. The seller claims that B ratified A's act. Is B liable? (Fraser v. Sweet, 13 Manitoba L. Rep. 147, 2 Brit. Rul. Cas. 254.)

14. Does a principal ratify the agent's act by accepting the benefits thereof where he does not know all of the facts, but could ascertain them by diligent inquiry? Do you make any distinctions here?

15. A college authorizes its President to borrow money. In order to accomplish the loan he pledges collateral belonging to the corporation. The corporation knowing what he has done accepts the money, but brings suit to recover the pledged property as having been pledged without authority. Will it prevail? Why?

16. An agent makes a contract in the name of his principal, by whom he represents he is authorized. The third person discovers the agent has no authority and seeks to withdraw, but the principal replies that he authorizes the act. Can the withdrawal be made?

17. Is silence (no benefits being received) in itself ratification?