Is agency valid through conduct? And is it valid through writing?

The answer is that the apparent meaning of the author’s words is no. The correct view, however, is that agency may be established through conduct, and it may also be established in writing. Thus, if someone writes to another person in a different town, saying, “I appoint you as my agent to sell my house,” it is valid, and there is nothing to prevent this. Likewise, if a man known to sell foodstuffs is approached by someone who brings a sack of produce from his farm and places it in that seller’s shop, this constitutes agency through conduct. Since it is known that this man has set himself up to sell goods, and the other person brings him something and places it among the merchandise for sale, this indicates that he has appointed him to sell it. This is agency through conduct. No one should say, “Perhaps he placed the sack there as a deposit, a gift, or something similar,” for although that is possible, the apparent circumstance is that he placed it there to be sold.

Thus, the preponderant view is that agency is valid through speech, writing, and conduct. It may be unrestricted or restricted, temporary or perpetual. In short, agency is among the most flexible of legal chapters.

His statement, “Acceptance is valid whether immediate or delayed,” means acceptance of the agency, whether immediate or delayed. Acceptance is the statement issued by the agent.

Thus, the agent may accept the agency immediately: as soon as the principal says to him, “I appoint you as my agent to sell my house,” he replies, “Give me the key so that I may sell it.”

Or he may accept it after a delay: the principal says, “I appoint you as my agent,” and he remains silent; then, after an hour, two hours, a day, or two days, he says, “I accept,” or he sells the house, for example.