agent represented prospective purchaser. He subsequently introduced parties. Sale was consummated. Purchasers paid regular commission. Seller paid part and resisted balance. Held agent could recover. Nothing was left to the discretion of agent but to find a purchaser willing to give the price asked, and it can be of no importance whatever to the defendants whether or not these purchasers also paid the plaintiff for any service he may have rendered them. As was said in R v. D, 78 Mich. 318: "A broker who simply brings the parties together and has no hand in the negotiations between them, they making their own bargain without his aid or interference, can legally receive compensation from both of them, although each was ignorant of his employment by the other."

122. HYPOTHETICAL PROBLEMS

Discuss fully and give reason in each case.

1. A offers a book for sale to several parties present; B, the owner is present; C buys and gets the book. Can B object to the transfer of title to the purchaser?

2. A, an agent, has authority to buy grain for B with instructions not to pay more than a certain price. He pays more, however. Is B, the principal, bound?

3. A merchant directs his clerks not to sell certain overcoats in stock that are and remain in the salesroom. One of the clerks, nevertheless, makes a sale. Can the principal annul the contract?

4. A commissioner of public works lets a contract for paving, specifying certain thickness. A city ordinance requires a greater thickness. The contract is carried out. Is the city bound to pay? Is the agent liable?

5. An agent makes a contract with a third party in his own Is the principal liable?

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6. An agent in selling goods makes false representations without the knowledge or consent of his principal. Is the principal liable? Would it have made any difference if he had specifically cautioned his agent to be honest?

7. A is an agent for B, and entered into a contract with C after B's death. Is the contract binding?

√ 8. An agent is given authority to employ nine men. He employs eighteen men. Is the principal bound?

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9. An agent makes a contract with a third party in excess of his authority. To whom does the benefit, if any, inure? whom would a loss fall?

10. A instructs B to sell his horse for $150. B sells the horse for $175. To whom does the $25 belong?

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1. A instructs B, his agent, to employ labor on one of several houses in process of erection. B employs labor on all of the buildings. Under what circumstances, if any, is A bound to pay the extra laborers?

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12. A is authorized by B to collect a debt from C. A employs D to make the collection, which he does and also spends the money. Who is liable to B? What recourse, if any, has A?

13. A, an engineer, is injured by the negligence of B, an engineer on the same road.. Is the company liable?

14. A is a telegraph agent for a railroad corporation and is served with a summons to appear in court. Is this good service as regards the corporation?

15. An agent is directed to purchase a team for his principal. He transfers to his principal a team which he owns, charging a reasonable price. Discuss rights of parties.

16. An agent is driving a load of grain to the market and at a cross road finds his way blocked by B, another driver, with team and wagon. A becomes enraged and purposely drives into and upsets B's wagon. Is A's principal liable for the damages? Would it make any difference if A in his hurry to get to the station accidentally ran into the other wagon and caused the same damage? Discuss.

17. Your class president, at a meeting of the class of fifty, offers for selection by the class several designs for a class pin. Five students are absent, and five object to the pin and vote against its adoption. The motion is declared carried by the president. Discuss the liability of the members of the class.

18. An accident occurs at a railroad crossing; the evidence at trial establishes the fact that the engineer failed to sound a warning and also that the party injured failed to take notice of the crossing signal. Discuss rights of parties.

123. SEARCH QUESTIONS

What amount of wages are exempt from garnishment?

What are servants' rights as to wages?

In case of a failure are servants' wages a preferential claim?
Is there an "Employers' Liability Act”?

What are its provisions as to injury to one servant by another? What provisions as to safe tools and machinery, safe place to work, competent servants, rules and regulations, etc.?

Is there a law that dangerous machines such as threshing machines, laundry machines, circular saws, have gearings, etc., properly boxed?

May an employee who is injured by another employee in same capacity collect damages?

May an employee who is injured by defective machinery collect damages? If he knew the machinery to be defective? If he reported the defect to the employer, who disregarded the notice or intimated that some one else could run the machine?

Does your state allow the comparison of negligence, that is, allow damages where the employer was the more negligent?

Are foremen of shops, etc., known as vice-principals?

NAPOLEON BONAPARTE (1769-1821)

While Napoleon is chiefly known in history as one of the world's greatest military geniuses, he exercised his master mind with financial, political, and legal questions. The great reconstruction period in French history dates from the Consulate rather than from the Revolution.

Following the Treaty of Amiens, Napoleon devoted himself to reconstruction work: (a) the restoration of the Church, (b) the University, (c) the judicial system, (d) the codification of all the laws, (e) the bank of France, (f) the Legion of Honor.

While under arrest in 1794 he studied the civil law and on his release said, "I was saturated with Justinian and the decisions of the Roman legislators." As a result of his activities, the herculean task of codifying the laws was completed.

The Code Napoleon is known to all civilized nations of the earth.