FACTOR

1. A commercial agent, em• ployed by a principal to sell.merchandise consigned to him for that purpose, for and ID behalf of the principal, ·but usually in his \ own name, being intrusted with the po e ion and control of the goods, and being remunerated by a comm i. ion, commonly called "factorage." How land v. Woodruff, 60 N. Y. ·80; In re Rabenau (D. C.) 118 Fed. 474; Lawrence v. Stoning ton Bank, 6 Conn. 527; Graham v. Duck wall, 8 Bush (Ky.) 17. A factor 1s an: agent who, in the pursuit of an independent calling, is employed by another to sell property for him, and 1s vested by the latter with the po e ion or control of the property, or authorized to receive payment therefor from the purchaser. Civ. Code Cal. I 2026; Civ. Code De.k. I 1168. Cla ification. Factors are called "domestic" or "foreign" according as they reside and do busine in the same state or country with the principal or in a different state or country. A domestic factor is sometimes called a "home" factor. Ruffner v. Hewitt, 7 W. Va. 585. Synonyms, A factor differs from a "broker" in that he is ii:ttrusted with the po e ion, management, and control of the goods, (which 'gives him a special property in them,) while a broker acts as a mere intermediaxy without con• trol or po e ion of the property; and further, a factor is authorized to buy llslld sell in his own name, as well as in that of the principal, which a broker is not. Edwards y. Hoeffinghoff (0. C.) 38. Fed. 641 • Del a field v. Smith, 101 Wis. 664, 78 N. W. fro, 70 Am. St. Rep. 938; Graham v. Duck wall, 8 Bush (Ky.) ~.i Slack v. Tucker, 23 Wall. 830, 23 L. IDd. 1- Factors are also frequently called "commi ion merchants;" and it is said that there is no difference in the meaning of these terms, the ·1atter being IH!rhaps· more commonly used ln.America. Thompson v. Woodru~, 7 Cold•. 410.,i Duguid v. Edward a, ro Barb. (N, Y.) 288; J..,JOn v•.Alvord, 18 Conn. 80. • 'Where an owner of goods to. be shipped by sea consign a them to the care of an agent. who sall11 on the same ve el, hu charge of tht cargo on board, sells lt abroad, and bu111.& return cargo out of the f. ~ •,inch~ la atrlcd7 and pro~Iz a 'factor...· [s. 482]