Inst., p. 53; see Bouv. Law Dict., 2 vol., p. 513, Title hiring. 2010. A servant is presumed to have been hired Term of for such length of time as the parties adopt for the estimation of wages. A hiring at a yearly rate is presumed to be for one year; a hiring at a daily rate, for one day; a hiring by piece work, for no specified term. NOTE.-See Davis vs. Marshall, 4 Law Times (N. S.), p. 216; 6 H. & N. (Am. ed.), p. 916. It seems eminently proper, also, that the presumption, in the absence of express agreement, should here follow the same rule adopted for rent.-See Sec. 1944, ante. Case directly in point, Cany vs. Halleck, 9 Cal., p. 198. No implied contract by partnership to pay for the services of one partner's wife as cook.-Angulo vs. Sunol, 14 Cal., p. 402. 2011. In the absence of any agreement or custom Same. as to the term of service, the time of payment, or rate or value of wages, a servant is presumed to be hired by the month, at a monthly rate of reasonable wages, to be paid when the service is performed. NOTE.-See Fawcett vs. Cash, 5 B. & Ad., p. 904; see, also, the rule in Secs. 2010, 1944, ante, but see De Briar vs. Minturn, 1 Cal., p. 450. Nominal damages only if any could be recovered in such case.-Id. Fixed term.-See Webster vs. Wade, 19 Cal., p. 291. Contract entire.-Hutchinson vs. Wetmore, 2 Cal., p. 311. Slight evidence of assent will enable one to recover on part performance of service.-Hogan vs. Titlow, 14 Cal., p. 255. 2012. Where, after the expiration of an agreement respecting the wages and the term of service, hiring. Renewal of the parties continue the relation of master and servant, they are presumed to have renewed the agreement for the same wages and term of service. Time of service. Servant to pay over without demand. When servant may be discharged. 2013. NOTE.-Deckert vs. Camden & Amboy R. R., Gen. Term Supreme Court, 1864. This text directly sustained in Nicholson vs. Patchin, 5 Cal., p. 474. The entire time of a domestic servant belongs to the master; and the time of other servants to such extent as is usual in the business in which they serve, not exceeding in any case ten hours in the day. NOTE.--See Edwards on Bailm., Sec. 384. The "contract must be performed according to agreement of the parties." Here the law supplies the number of hours of labor implied in all such agreements at not more than ten hours. 2014. A servant must deliver to his master, as soon as with reasonable diligence he can find him, everything that he receives for his account, without demand; but he is not bound, without orders from his master, to send anything to him through another per son. NOTE.-Manifestly within the contract, and must be performed. Conversion or appropriation to his own use property of another coming to him in virtue of his employment is embezzlement.-Penal Code Cal., Sec. 508; see, also, Sec. 1987, ante, where this text, at least by negative implication, is sustained. 2015. A master may discharge any servant, other than an apprentice, whether engaged for a fixed term. or not: 1. If he is guilty of misconduct in the course of his service, or of gross immorality, though unconnected with the same; or, 2. If, being employed about the person of the master, or in a confidential position, the master discovers that he has been guilty of misconduct, before or after the commencement of his service, of such a nature that, if the master had known or contemplated it, he would not have so employed him. 4 or NOTE." May discharge any servant other than an ARTICLE II. AGENTS. SECTION 2019. Agent to conform to his authority. 2020. Must keep his principal informed. 2021. Collecting agent. 2022. Responsibility of sub-agent. 2019. An agent must not exceed the limits of his Agent to actual authority, as defined by the Title on Agency. NOTE.-See Title IX of this Part, post. Sec. 2295 of Art. I gives this definition: "An agent is one who represents another, called the principal, in dealings with third persons." Such person is the subject of this Article. His authority is specially defined in the Title referred to supra. conform to his authority. his 2020. An agent must use ordinary diligence to Must keep keep his principal informed of his acts in the course principal of the agency. NOTE. It is the duty of agents to keep their principals apprised of their doings, and to give them notice, within a reasonable time, of all such facts and circumstances as may be important to their interests; and if by neglect of the agent the principal suffers a loss, he is entitled to be indemnified by the agent.-See Story on Agency, Sec. 208. He is not bound to inform the principal of the receipt of instructions, and of his intention to comply therewith.-Parkhill vs. Imlay, 15 informed. Collecting agent. Responsi bility of sub-agent. Wend., p. 431. On duty of agent generally, see Caffrey vs. Darby, 6 Ves., p. 496; Massey vs. Banner, 1 Jac. & Walk., p. 241; 4 Madd. R., p. 413; Wren vs. Kinton, 11 Ves., pp. 377-382; Fletcher vs. Walker, 3 Madd. R., p. 73; Macdonnell vs. Harding, 7 Sim. R., p. 178; Harmon vs. Cottle, 6 Serg. & Rawle, p. 290; see, also, Sec. 1986, ante, and note. Crawfer vs. Louisiana State Bank, 13 Martin R., p. 214; must notify his employer of acceptance or non-acceptance of bill of exchange. Also, Montillat vs. Bank of U. S., 13 id., p. 365; Miranda vs. City B. N. O., 6 Mill. La. R., p. 740; Pritchard vs. La. State Bank, 2 Mill. La. Rep., p. 415. 2021. An agent employed to collect a negotiable instrument must collect it promptly, and take all measures necessary to charge the parties thereto, in case of its dishonor; and, if it is a bill of exchange, must present it for acceptance with reasonable diligence. NOTE. "Duty in case of dishonor."-See Walker vs. Bank of State of N. Y., 9 N. Y., p. 582; Montgomery Co. Bank vs. Albany City Bank, 7 id., p. 459. "Present it for acceptance with diligence."-Allen vs. Suydam, 20 Wend., p. 321. And to notify employer of the acceptance or non-acceptance.-Story on Agency, Sec. 208. 2022. A mere agent of an agent is not responsible as such to the principal of the latter. NOTE. Thus, if A employs B to do some act which B employs C to do, C is not responsible to A (Montgomery Co. Bank vs. Albany City Bank, 7 N. Y., p. 459; Commercial Bank vs. Union Bank, 11 id., p. 203); but if B employs C as a sub-agent of A, and not merely as his own agent, C is responsible to his ultimate principal. This is certainly so where the agent is authorized to employ a sub-agent. See Sec. 1989 and note, ante. ARTICLE III. FACTORS. SECTION 2026. Factor, what. 2027. Obedience required from factor. 2028. Sales on credit. 2029. Liability of factor under guaranty commission. what.: 2026. A factor is an agent who, in the pursuit of Factor, an independent calling, is employed by another to sell property for him, and is vested by the latter with the possession or control of the property, or authorized to receive payment therefor from the purchaser. NOTE.-Story on Agency, Sec. 33, gives almost the same definition of a factor, and refers to many authorities in Notes 2, 3. In the latter (id.) is reference to 1 Bell Comm., p. 212, et seq. The description here given of a factor answers precisely to that of a commission merchant or consignee for sale. required from factor. 2027. A factor must obey the instructions of his Obedience principal to the same extent as any other employé, notwithstanding any advances he may have made to his principal upon the property consigned to him, except that if the principal forbids him to sell at the market price, he may, nevertheless, sell for his reimbursement, after giving to his principal reasonable notice of his intention to do so, and of the time and place of sale, and proceeding in all respects as a pledgee. NOTE.-"Factor must obey instructions as any other employé."-See Evans vs. Root, 7 N. Y., p. 186. "Notwithstanding advances to principal."-Blot vs. Boiceau, 3 N. Y., p. 78; Marfield vs. Goodhue, id., p. 62; Bell vs. Palmer, 6 Cow., p. 128. "Except his principal forbids him to sell."-Marfield vs. Goodhue, 3 N. Y., p. 62. The exception does not extend to an order to sell, even though for less than advances.-Bell vs. Palmer, 6 Cow., p. 128. "He may still sell to reimburse himself, on giving notice."-Marfield vs. Goodhue, 3 N. Y., p. 62. credit. 2028. A factor may sell property consigned to Sales on him on such credit as is usual; but, having once agreed with the purchaser upon the term of credit, may not extend it. NOTE.-1 Story Cont., Sec. 150; Van Allen vs. Vanderpoel, 6 Johns., p. 69; McKinstry vs. Pearsall, 3 id., p. 319; see Robertson vs. Livingston, 5 Cow., p. 473; Douglass vs. Bernard, Anth. N. P., p. 278. It is said |