What is AGENCY? Definition of AGENCY in Black's Law Dictionary
Includes every relation in which one person acts for or represents another by latter's authority, Saums v. Parfet, 270 Mich. 165, 258
N.W. 235, where one person acts for another, ei- ther in the relationship of principal and agent, master and servant, or employer or proprietor and independent contractor, Gorton v. Doty, 57 Idaho 792, 69 P.2d 136, 139.
Properly speaking, agency relates to commer- cial or business transactions. Humble Oil & Re- fining Co. v. Bell, Tex.Civ.App., 172 S.W.2d 800, 803, and frequently is used in connection with an arrangement which does not: in law amount to an agency, as where the essence of an arrange- ment is bailment or sale, as in the case of a sale agency exclusive in certain territory. State Corn- pensation Ins. Fund v. Industrial Accident Corn- mission, 216 Cal. 351, 14 P.2d 306, 310.
It also designates a place at which business of company or individual is transacted by an agent. Johnson Freight Lines v. Davis, 170 Tenn. 177, 93 S.W.2d 637, 639.
The relation created by express or implied contract or by law, whereby one party delegates the transaction of some lawful business with more or less discretionary power to another, who undertakes to manage the affair and ren- der to him an account thereof. State ex rel. Cities Service Gas Co. v. Public Service Commission, 337 Mo. 809, 85 S.W.2d 890, 894. Or where one person confides the man- agement of some affair, to be transacted on his account, to other party. 1 Liverm. Prin. & Ag. 2. Or one party is authorized to do certain acts for, or in relation to the rights or property of the other. But means more than tacit permission, and involves request, instruction, or com- mand. Klee v. U. S., C.C.A.Wash., 53 F.2d 58, 61. Being the consensual relation existing between two persons, by virtue of which one is subject to other's control. Tarver, Steele & Co. v. Pendleton Gin Co., Tex.Civ.App., 25 S.W.2d 156, 159.
Actual agency. Exists where the agent is really em- ployed by the principal. Weidenaar v. N. Y. Life Ins. Co., 36 Mont. 592, 94 P. 1, 6.
Agency by estoppel. One created by operation of law and established by proof of such acts of the principal as reasonably lead to the conclusion of its existence. Sigel- Campion Live Stock Commission Co. v. Ardohain, 71 Colo. 410. 207 P. 82, 83. Arises where principal, by negligence in failing to supervise agent's affairs, allows agent to exer- cise powers not granted to him, thus justifying others in believing agent possesses requisite authority. Reifsnyder Dougherty, 301 Pa. 328, 152 A. 98, 100. Though princi- pal have no notice of agent's conduct, Dispatch Printing Co. v. National Bank of Commerce, 109 Minn. 440, 124 N.W. 236, 50 L.R.A.,N.S., 74.
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 sup- port on her husband's credit and at his expense, when he fails to make proper provision for her necessities. Bost- wick v. Brower, 49 N.Y.S. 1046, 22 Misc. 709.
Deed of agency. A revocable and voluntary trust for payment of debts. Wharton.
Exclusive agency. Defined as an agreement by owner that during life of contract he will not sell property to a purchaser procured by another agent, which agreement does not preclude owner himself from selling to a pur- chaser of his own procuring, while a contract giving a broker "exclusive sale" is more than such exclusive agency, and is an agreement by the owner that he will not sell the property during the life of the contract to any purchaser not procured by the broker in question. Harris v. McPher- son, 97 Conn. 164, 115 A. 723, 724, 24 A.L.R. 1530; Harris& White v. Stone, 137 Ark. 23, 207 S.W. 443, 444.
General agency. That which exists when there is a dele- gation to do all acts connected with a particular trade, business or employment. Hinkson v. Kansas City Life Ins. Co., 93 Or. 473, 183 P. 24, 29. It implies authority on the part of the agent to act without restriction or qualification in all matters relating to the business of his principal. Schwartz v. Maryland Casualty Co., 82 N.H. 177, 131 A. 352, 353.
Implied agency. One created by act of parties and deduced from proof of other facts. Sigel-Campion Live Stock Commission Co. v. Ardohain, 71 Colo. 410, 207 P. 82,
83. It is an actual agency, proved by deductions or infer- ences from other facts, and third party need have no knowledge of the principal's acts, nor have relied on them. Kentucky-Pennsylvania Oil & Gas Corporation v. Clark, 247 Ky. 438, 57 S.W.2d 65.
Ostensible agency. One which exists where the principal intentionally or by want of ordinary care causes a third person to believe another to be his agent who is not really employed by him. Weidenaar v. N. Y. Life Ins. Co., 36 Mont. 592, 94 P. 1, 6. See, also, Agency by Estoppel.
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