AGENCY

A relation, created either _b7 expre or implied contract or by law, whereby one party (called the principal or con• stituent) delegates the transaction of some lawful busine or the authority to do certain acts for him or in relation to his rights or property, with more or le 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. 797, 51 Pac. 290, 39 L. R..A. 860; Sterna man v. Insurance Co., 170 N. Y. 13, 62 N. E. 763, '57 L. 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 par- ·ty, who undertakes to do the busine and renc der an account of it. 1 Liverm. Prin. & Ag. 2. A contract by which one person, with greater or Je discretionary power, undertakes to represent another in certain busine 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 for, or in relation to the rights or property of the other, who is denQminated the principal, constituent,- or employer. Bouvier. -Agency, deed of. A revocable and volun• tary trust for payment Qf debts. Wharton.- Al'ency of nece ity; A term sometimes apphed to the kind bf implied agency whfoh en· ables a wife to procure what is reasonably nece ary for her maintenance and support on her husband's credit and at his expense, when lie fails to make.proper provision for her nece ities., 'Bostwick v. Brower, 22 Misc. Rep. 700, 49 N. Y. Supp. 1046. [s. 56]