155. Termination of agency, where agent has interest in subject matter

Where the agent has himself an interest in the property which forms the subject matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest.

Illustrations

A gives authority to B to sell A’s land, and to pay himself, out of the proceeds, the debts due to him from A. A cannot revoke this authority nor can it be terminated by his unsoundness of mind or death.

A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton and to repay himself out of the price the amount of his own advances. A cannot revoke this authority nor is it terminated by his unsoundness of mind or death.