A relation, created either by express or implied contract or by law, where-by one party (called the prlncipal or con-stltuent) delegates the transaction of some lawful business or the authority to do cer-tain acts for him or in relation to his rights or property, wlth more or less discretionary power, to another person (called the agent, attorney, proxy, or delegate) who under-takes to manage the affair and render him an account thereof. State v. Hubbard, 58 Kan. 797, 51 Pac. 290, 39 L. R. A. 860; Sternaman v. Insurance Co., 170 N. Y. 13, 62 N. E. 763, 57 L. R. A. 318, 88 Am. St Rep. 625; wynegar v. State, 157 Ind. 577, 62 N. E. 38