Revocation of Agency - When and How Done; Damages for Unreasonable Revocation

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Generally, an agency is revocable at the will of the principal. The appointment of a new agent for the performance of the same act or the death of either principal or agent revokes the power. If, however, the power is coupled with an interest in the agent himself, it is not revocable at will. In all cases the agent may recover from the principal, for an unreasonable revocation, any damages he may have suffered by reason thereof.

(Orig. Code 1863, § 2161; Code 1868, § 2157; Code 1873, § 2183; Code 1882, § 2183; Ga. L. 1894, p. 44, § 1; Civil Code 1895, § 3003; Civil Code 1910, § 3575; Code 1933, § 4-214.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agency, §§ 31 et seq., 34 et seq., 37 et seq., 42 et seq., 45 et seq., 49 et seq.

C.J.S.

- 2A C.J.S., Agency, § 99 et seq.

ALR.

- Rights and remedies upon cancellation of sales agency, 32 A.L.R. 210; 52 A.L.R. 546; 89 A.L.R. 252.

Death or incompetency of principal as affecting existing power of attorney to confess judgment, 44 A.L.R. 1310.

What constitutes power coupled with interest within rule as to termination of agency, 64 A.L.R. 380; 28 A.L.R.2d 1243.

Payment to agent after death of principal, 67 A.L.R. 1419.

Power of attorney as authorizing gift or conveyance or transfer without a present consideration, 73 A.L.R. 884.

When attorney's power deemed coupled with an interest so as to prevent discharge or revocation, 97 A.L.R. 923.

Duty and liability of former employee to former employer in respect of transactions or matters pending and uncompleted at termination of employment, 100 A.L.R. 684.

Grounds for discharge of servant or agent existing during lifetime of employer, but unknown to him, as available to his executor or administrator, 109 A.L.R. 474.

Construction, application, and effect of statutory provision that directors of corporation may remove officer, agent, or employee at pleasure, 111 A.L.R. 894.

Real estate broker's right to compensation as affected by death of person employing him, 146 A.L.R. 828.

Implied obligation of employee not to use trade secrets or confidential information for his own benefit or that of third persons after leaving the employment, 165 A.L.R. 1453.

Agency conferred upon partners as affected by dissolution of the partnership, 170 A.L.R. 512.

What constitutes power coupled with interest within rule as to termination of agency, 28 A.L.R.2d 1243.

Termination by principal of distributorship contract containing no express provision for termination, 19 A.L.R.3d 196.


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