Since peculiar confidence is reposed in a factor, he may, in the absence of instructions, exercise his discretion according to the general usages of the trade. In return, greater and more skillful diligence and the most active good faith are required of him.
(Orig. Code 1863, § 2090; Code 1868, § 2085; Code 1873, § 2111; Code 1882, § 2111; Civil Code 1895, § 2929; Civil Code 1910, § 3502; Code 1933, § 12-401.)
RESEARCH REFERENCES
ALR.
- Account stated as between principal and factor, 3 A.L.R. 293.
Right of a factor, commission merchant, or produce broker to sell property to protect advances, 40 A.L.R. 387.
Relation between customer and broker receiving bonds or other securities for sale or exchange, 52 A.L.R. 501.
Purchaser's right to protection under factor's act where transaction involves exchange of goods, 132 A.L.R. 525.
Stockyard operator's liability for injury to or death of stock, 40 A.L.R.2d 988.
Factor's liability based on delay in marketing and selling principal's goods, 3 A.L.R.3d 815.