A further rule is that an agent may not employ, save in his principal's interest, materials and information which have been obtained by, or supplied to the agent only for purposes of his agency. A dcl crcdere agent is also liable to his principal for airy loss that may be incurred through the default of a third party, and this liability arises in consequence of it having been made a term of the agency that the agent should so indemnify his principal.
Rights of Agent as against his principal of such rights is that of remuneration, which may be a customary one in the business in which the agent is occupied, or it may be based upon agreement. But it is possible in the absence of custom or agreement that the agent may find that he has had to work for nothing, as it has been determined that the mere reposing of a trust is good consideration for the work undertaken. Each case stands by itself with regard to the question of remuneration, which is one to be deduced from the contract itself, and rather one of fact than of law. It will therefore be more useful to give a few cases on the point. S. was appointed sole agent for E. in a certain district at a fixed rate of com mission, but was unable ft) transact any business owing to E. interfering in his district behind his back, and underselling him. E. was held to be not entitled to appoint any other agent in the district, nor were they entitled to effect any sales in the district, except through the agency of S. A certain house-agent was instructed to offer a house for sale, for which he was to receive a commission of 2i per cent. on the purchase-money if he found a purchaser, but one guinea only for his trouble if the premises were sold "without his intervention." B. obtained a card to view with terns of purchase, from the agent, saw nothi'ig more of him, but purchased the house through a friend of the owner. It was decided that the house had been purchased through the agent's intervention, who was therefore, entitled to the commission. In another case the agent was, by agreement, to have a commission on sales effected, or orders executed by hint; the principal to be responsible 'or bad debts. By the custom of the trade, commission was not allowed on sales which produced bad debts ; hut it was held that, notwith standing this, the agent was, under the agreement, entitled to commission on bad debts. Where an auctioneer took a Bill of Sale of chattels, and after wards conducted the sale of them by auction under an agreement with an incumbrancer, he was held to be entitled to the usual commission on such sale, although no provision had been made either in the Bill of Sale or in the agreement. Again, where A. acted under a written agreement as com
mission agent of B. in the sale of goods and was paid a commission, A. was allowed to charge 13., in addition to his commission, for attendances he had made at various places, if those attendances were matter beyond his duty as such an agent. Where an agent found a purchaser, but the principal would not complete, it was decided that the agent was entitled to a reasonable remuneration ; and where a principal sold the object himself, the Court decided that the agent could recover for work already done.
The agent is also entitled to be indemnified for losses incurred in the agency. This rule is well illustrated by a case in which a broker bought, on behalf of a principal, shares in a company against which a petition for winding-up was presented before the transfer was complete, and for which shares, in accordance with the rules of the Stock Exchange, he had been compelled to pay the price to the person from whom he had bought. There the brokers, having done everything that they w were bound to do, having purchased the shares in obedience to the instructions of their prin cipals, and, having been compelled to pay the price, were held entitled to indemnity from their principals. A principal who employs an agent to purchase goods for him in a particular market, is to be taken to be cognizant of and is bound by the rules which regulate dealings therein ; and the agent not having himself committed any default, and the custom of the market being legal and reasonable and well known to all those dealing there, is entitled to be indemnified by his principal for all he does in accordance with these rules. A broker, who receives only a small commission on the purchase, should not in fairness be subject to such a risk as that which was sought to be cast upon him in that ease. So, in principle, the courts hold that where a person at the request of another has incurred some liability, which, though not legally enforceable, is paid in consequence of some moral pressure, as e.g. the danger of expulsion from a society, the principal may be legally liable to indemnify his agent. Amongst the rights of an agent are (1) LIEN, (9-) STOPPAGE IN TRANSITU, and (3) ACCOUNTS; about each of which see under their respective headings.