Business agent

“ If they are letting too much business get away from them, it looks as if they were not attending to their business. They get it from what they see as they go around selling goods." But there is no such generality about this part of the agent's or salesman's business as this statement would lead one to believe. ”

“ They shall have full control and management of all the business of the Company, and may delegate to such Agent or Agents, as they deem best, such of their powers as they may find necessary and for the advantage of the Company to so delegate. ”

“ Principal and Agent; Master and Servant
THE IMPORTANCE OF AGENCY.—Now that we have finished our discussion of the general principles of contract law, it remains for us to apply these principles to the specific topics of commercial law. Of these, the law of agency is one of the most important. It is perfectly obvious that a man can be in only one locality at a given time. Under modern business conditions he may wish to perform acts in different places at the same time. When business men were first confronted with problems of this kind, the principles of the law of agency began to develop. ”

“ I then tried two or three different things on my own account, and finally settled as agent for a paper-mill; and all things were going on fairly well until in an unguarded moment I read an advertisement in the New York Herald. It ran as follows: "A gentleman with experience requires a partner with capital, in a safe business, with no risks." ”

“ In advances of considerable amount, an agent's duty is to get authority from the head office before granting it. The discretion allowed is dependent on the size of the branch and the nature of the business and the class of customer, and on the record of the agent. ”

“ The principle asserted in the decision of that point, and applied to the case was, that whatever an agent does, or says, in reference to the business in which he is at the time employed, and within the scope of his authority, is done or said by the principal ”

“ Frequently a single agent has the consignment of the whole of a company’s yarn, but many spinners, especially those whose business connexion is not perfectly assured, prefer to have more outlets than can be explored by an individual. At times of bad trade even those who usually depend on their own resources seek the aid of experienced agents, who sometimes find a grievance if their services are rejected when trade improves and sales are made easily. ”

“ But the chief selling agent of the corporation has found it necessary, in order to keep the business going, to incur huge expenses for entertaining his customers, finds it necessary to incur great travelling expenses, to use only the most expensive hotels, and, incidentally, to drink a great deal more than his personal inclinations would call for, in keeping the business for his house. I waive discussion of the extraordinary fees which a trust promotor makes, in effecting a consolidation of big business units,—a process of exchange. ”

“ No officer or agent of any corporation, join-stock company, or association, and no member or agent of any firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation, joint-stock company, association, or firm, shall be employed or shall act as an officer or agent of the United States for the transaction of business with such corporation, joint-stock company, association, or firm. ”

“ The provisions of Articles 272, 277 and 278 shall apply mutatis mutandis to the undisclosed partner.
CHAPTER V COMMERCIAL AGENTS Article 87 (Definition)
A person who makes it his business to act on behalf of a particular merchant not as an employee of any person but as agent or broker in transactions falling within the class of business carried on by principal, is called a commercial agent. ”

“ The business of merchants, in foreign countries, is usually transacted by agents, called factors, or commission merchants, to whom goods are consigned to be sold, and by whom other articles of merchandise are purchased and returned according to order. Sometimes an agent, called a supercargo, accompanies the vessel ”

“ To these markets nearly every booking agent and manager in the vaudeville business might be added. Each one has a list of acts he handles that need new material from time to time. And often the agent or manager will add to his list of clients by producing an exceptionally fine act himself. ”

“ The average merchant in conducting his regular business, when waited upon by one claiming to be an agent of a manufacturer, places his order with that agent fully expecting to receive the goods. As the time rolls on the goods come according to the sample shown and the order given. ”

“ Of course, with the development of the market the complexity of office management increased. In modern times the business man concerns himself not only with the duties of the merchant and exchanger, but also with the organization of industry and economical procedure. ”

“ The said salesman shall, subject to the control of the said firm, keep proper books of account, and make due and correct entries of the price of all goods sold, and of all transactions and dealings of and in relation to the said business, and shall serve the said firm diligently and according to his best abilities in all respects. ”

“ Our fair client, like many another histrionic genius, had more charm than business ability and was persuaded by an unscrupulous manager to intrust to him a large sum of money for investment in his various enterprises. ”

“ In one, as a book or patent agency, the agent works for one or two persons at a fixed commission and needs no capital. In the other, as that of servants and of supply companies, the agent is also in a certain sense a principal; he obeys no one’s orders, fixes his own commissions, and makes his profits directly from the public. Here are a few points for agents:
287. Book Agency.—The book agency depends partly upon the kind of book, but chiefly upon the kind of man. The right man selling the right book can make enormous wages. ”

“ Then there is a third source of material, scarcely less important than the study of the house and the customer, and that is a study of the competitors—other firms who are in the same line of business and going after the same trade. The broad-gauged correspondent never misses an opportunity to learn more about the goods of competing houses—the quality of their products, the extent of their lines, their facilities for handling orders, the satisfaction that their goods are giving, the terms on which they are sold and which managers are hustling and up to the minute in their methods. ”

“ In large businesses, however, where the volume and complexity of the commercial activities make it impossible for the executive, on whom rest the responsibilities for the successful conduct of the business, to have an intimate personal knowledge of all phases of the business, it is very necessary that some means be employed for supplying him with this vital information. ”

“ Besides the ordinary cases that you will think of under the head of employer and employee, an officer of a corporation is an agent, the corporation being the principal. The president of a corporation is as much an agent as a clerk in the employ of the corporation. A partner is an agent—of the firm. ”

“ Third Case.—The third case shows the firm in a position to demand something more than book values as the basis for admission of the new partner. The presumption is that the old firm is favorably known, has an established trade and patronage, built by fair dealing and judicious advertising, by its favorable location, and the numerous other ways in which a substantial business may be developed. Its standing in the community is a factor of value to the firm because it brings trade to its doors. ”

“ To the community at large the work of pecuniary management, it appears, is less serviceable the more there is of it. The heroic role of the captain of industry is that of a deliverer from an excess of business management. It is a casting out of business men by the chief of business men. ”

“ The better way for the farmer, the merchant, or the manufacturer, when he feels the years pressing heavily and that he can no longer attend properly to the old demands on him, is to shift by a properly drawn contract the business management of the enterprise to his children, or to those whom he wishes to place in charge. ”

“ Nothing but a cold, emotionless, methodical, business-like precision, a well-considered series of commercial transactions, conducted by men specially acquainted with the articles required and regularly trained to office routine. ”

“ I am always successful, if I do say it myself, and the firm know it, and pay me accordingly. They know that several other firms are after me, and would get me away if they didn't pay me my price."
"I suppose you know all about investments, being a business man?" ”

“ A successful manager of a great enterprise can scarcely be said to have a market price for his services, but will estimate himself in large measure by the profits he might secure as an independent business man. ”

“ It is the same in every branch of trade or business. If you wish to make a purchase, or effect a sale, or hire a servant, you have a whole series of commissions or brokerages to pay before you come into contact with the principal. ”

“ The agents of the corporations were the aristocrats, not because of their wealth, but on account of the office they held, which was one of great responsibility, requiring, as it did, not only some knowledge of business, but also a certain tact in managing, or utilizing the great number of operatives so as to secure the best return for their labor. ”

“ An agent who has a keen knowledge of human nature, and knows how to ask questions, sifting out the useless and the vicious from the valuable and the virtuous, can through proper advertising in agricultural papers, send at least a thousand of these men into the country every summer. Through an arrangement with the farmer by which $5 of the first month’s wages shall be withheld and forwarded to the agent, the sum of $5,000 as commission for these one thousand laborers is secured. ”

“ The General Sales Manager of a company like yours, which does business in all parts of the world, has a pretty big task cut out for him. You may be a conscientious, intelligent, hard-working manager, but you’re human, Red, and being human, you’re not always one hundred per cent right and it’s his job to know all about you and the way you’re handling your business, all the time. ”

“ The Factor.—Other types of middlemen are the manufacturer’s agent, who is a broker or sales agent, effecting sales usually by means of samples; and the factor or commission merchant who actually handles and sells the goods of his principal. ”

“ In the first place let me say that what we have done in our business any firm can do in theirs. It is not that we have any extraordinary talents along organization lines. We simply have taken the lessons learned in everyday trading, have tabulated and filed them in triplicate. ”

“ When I gave you that job I was following out a plan that has proven successful in many cases as shown by magazine articles. I thought you would make a good Sales Manager because you knew nothing about Selling, just as the best [152] organizers of Business Men’s Associations are Kendallville Professors who know nothing about Business, and the best writers of Efficiency Stuff are men who file their correspondence on a hook, and the most dazzling Shop Management Talksters those who heave a wheelbarrow over a fence and never see the gate. ”

“ We, however, who are primarily interested in the shop, are apt to forget that success, instead of hinging upon shop management, depends in many cases mainly upon other elements, namely,—the location of the company, its financial strength and ability, the efficiency of its business and sales departments, its engineering ability, the superiority of its plant and equipment, or the protection afforded either by patents, combination, location or other partial monopoly. ”

“ To gather and compile information concerning, and to investigate from time to time the organization, business, conduct, practices, and management of any corporation engaged in commerce, excepting banks and common carriers subject to the Act to regulate commerce, and its relation to other corporations and to individuals, associations, and partnerships. ”

“ Today intellectuals, as cooperators, are active in many of the following professions or lines of business and the demand for such experts is increasing: Accountancy, publicity, law, research, teaching, organization work, architecture, store management and merchandising, bakery management, restaurant management, laundry management, banking, insurance, dairying, contracting and building, coal distribution. ”

“ Even in transactions where the Company is really nothing more than a business agency, it will temporarily appear as a purchaser, and will be set down as the momentary possessor in the register of landed property. ”

“ That’s your first and biggest job, old Red Top, and if you’re smart you’ll realize that although the title may carry some prestige, the most important commodity you have to sell at first is—Red. Be sure to differentiate between the class of men you have been directing and those now under your jurisdiction. Although your managers were once salesmen—they’re managers now. Big, broad, clear-thinking, hard-hitting business men. You cannot succeed without their respect and you haven’t got that to start with, because you’ve yet to demonstrate. ”

“ Hence there was nothing to hinder a merchant from entering into contracts with organized consumers, to sell his business to them, and retain the management at an agreed salary, under such rules and regulations for the conduct of the business as they might adopt. ”