Whether or not an agent has the power to receive payment for goods sold, depends upon the circumstances of the case. A clerk in a shop would certainly have the right to receive the money at the time of sale, and if it was a small shop, even at a later time where payment is made at the place of business. Generally, where the principal gives the agent possession of the actual goods to be sold, with the power to deliver over the same to the purchaser, a power to receive payment will be implied.26 An agent appointed to solicit orders only, would not have implied power to receive payment. Express notice brought home to the purchaser that the agent has no authority to receive payment, would protect the principal in any event.

23 Savage vs. Eakin, 31 I11. App.,

267. 24 Ezell vs. Franklin, 2 Sneed

(Tenn.), 236.

25 Mitchell, C. J., in Talmage vs. Bierhause, 103 Ind., 270; also McCormick Harvesting Co. vs. Snell, 23 I11. App., 79.

An agent intrusted to receive payment, cannot choose any manner of receiving it but must receive it in money only. An agent intrusted to receive payment of a negotiable paper is ordinarily deemed entitled to receive it only when, and after it became due and not before it became due.27

An agent given authority to receive payment of money due, could not compromise the matter and agree to take less than the whole or submit the matter to arbitration.28