Inference, arising from the relation of the parties, is that the

services are intended to be gratuitous.* So, also, the pre-

sumption arising from the request may be rebutted by the

existence of other attendant circumstances, as where the ser-

Vices are competitive, or are rendered on the chance of future

employment, or compensation is at the will of the principal.^

Second, where there is no express request, the circumstances

of the transaction may raise an implied request, or an implied

acceptance of an offer, and therewith an implied promise to pay.^

These cases should be sharply distinguished from those where

the services are rendered at the request of an employee of the

principal, and the question is whether the employee is an agent

by necessity.' Third, where there is neither an express or im-

1 Bryant v. Flight,'5 M. & AV. 114; Manson r. Baillie, 2 ]\Iacq. H. L.

Cas. 80; JNIcCrary v. Ruddick, 33 Iowa, 521.

2 Weston V. Davis, 24 Me. 374; Weeks v. Holmes, 12 Cush. (^Nlass.)

215; Van Annan v. Byington, 38 111. 442.

3 Hertzog v. Hertzog, 20 Pa. St. 465; Hays v. McConnell, 42 Ind. 285;

Scully V. Scully's Extr., 28 Iowa, 548.

4 Ibid.

6 Palmer v. Haverhill, 98 Mass. 487; Scott r. Maier, 56 IMich. 554;

Taylor v. Brewer, 1 M. & S. 2!)0.

6 McCrary v. Ruddick, 33 Iowa, 521 ; Shelton v. Johnson, 40 Iowa, 84;

Garrey v. Stadler, 67 Wis. 512.

в– ^ See ante, В§ 59.

94 PRINCIPAL AND AGENT.

plied request, nor an cxjjrcss or implied promise, the services

are deemed gratuitous however valuable they may have been.*

В§ 76. Compensation : remedies of agent.

In addition to the general remedies open to all creditors, an

agent may have a special remedy in the nature of a lien upon

the subject-matter of the agency. Liens are either general or

particular. A general lien exists where one has the right to

retain possession of goods or chattels as security for a general

balance, independent of the transaction in which possession

was obtained. A particular lien covers only goods or chat-

tels in respect of which debts or obligations were incurred.

Aside from special classes of agents, as factors, bankei's and

attorneys, the lien of an agent is a special or particular one

and extends only to the amount claimed for services or

expenditures performed or incurred in behalf of the very

property upon which the lien exists,^ unless by express agree-

ment or by a course of dealing a general lien is to be in-

ferred.3 This lien extends to property or funds which are

the produce or fruit of the agency and which remain in the

hands of the agent."* The lien, however, is a possessory one

and is lost by parting with the possession of the property or

funds.^ In general, the doctrine here follows the doctrine of

all common law liens.^

General liens, that is, liens for a general balance of account,

exist in favor of factors," bankers,^ and attorneys.^ Other

1 Chadwick v. Knox, 31 N. H. 220 ; Bartholomew v. Jackson, 20 Johns.

(N. Y.) 28. Cf. Hicks v. Burhans, 10 Johns. (N. Y.) 242.

2 McKenzie v. Nevius, 22 Me. 138; Muller r. Pondir, 55 N. Y. 325.

8 Bock r. Gorri.sen, 30 L. J. Ch. 39.

4 IVIuller V. Pondir, 55 N. Y. 325; Nagle v. McFeeters, 97 N. Y. 196;

Yinton r. Baldwin, 95 Ind. 433.

^ Tucker v. Taylor, 53 Ind. 93 ; Collins v. Buck, G3 Me. 459 ; Levy v.

Barnard, 2 Moore, 34.

« See Jones on Liens, §§ 1-20.

1 Story on Agency, В§ 376 ; Martin v. Pope, 6 Ala. 532 ; IMcGraft v.

Rugee, 60 Wis. 406 ; Matthews v. Menedger, 2 McLean (U. S. C. C), 145;

Baring i-. Corrie, 2 B. & A. 137.

8 Jones on Liens, В§ 241 ; Mi.sa v. Carrie, 1 App. Cas. 554.

9 Bowling Green Savings Bank v. Todd, 52 N. Y. 489 ; Ilurlbert v.

Brighaui, 56 Vt. 368; In re Broomhead, 5 D. & L. 52.

OBLIGATIONS OF PrvIXCIPAL. 95

general liens are sometimes created by statute. But the de-

tails of tliis subject are foreign to the purpose of this work.

Ordinarily an agent's remedy against his principal is in an

action at law. Where, however, the accounts between them

are too long and complicated to be conveniently submitted to

a jury, the agent may have an accounting in equity in the

nature of equitable assumpsit.^ This must not be confused

with the principal's right to an account against the agent

based upon the fiduciary relation.^

В§ 77. Compensation for unauthorized act.