Agency is ostensible when by conduct or want of ordinary care the principal causes a third person to believe another, who is not actually appointed, to be his agent.
S.D. Codified Laws § 59-1-5
Ostensible agency
Applied in 12 court decisions — leading case Bordeaux v. Shannon County Schools (2005)
Most recently applied in Dakota Provisions, LLC v. Hillshire Brands Co. (December 2016)
Source: CivC 1877, § 1342; CL 1887, § 3965; RCivC 1903, § 1661; RC 1919, § 1239; SDC 1939, § 3.0103.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.