AJ 010 Lecture Notes - Lecture 11: Moe Williams

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Obligation of the commission agent where a sale on credit was authorized: Reason for this article: prevent the agent from stating that the same was on credit when in fact it was made for cash. One where, in consideration of an increased commission, the commission agent guarantees to the principal the payment of debts arising through his agency. To compensate the agent for the risks he will have to bear in the collection of the credit due to the principal. Liable to principal if the buyer fails to pay or is incapable of paying. On the contrary, the principal may sue the buyers in his own name. In such a case, the agent amounts to no more than a guaranty. No. an agent receiving a guarantee commission cannot put up the defense that the debtor- 3rd person possesses no property since this is precisely the risk the commission agent assumes.

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