S.D. Codified Laws § 59-5-2

Agent's responsibility as principal

Applied in 2 court decisions — leading case Cooper v. Hileman (1974)

Most recently applied in Cooper v. Hileman (October 1974)

Source: CivC 1877, § 1377; CL 1887, § 4000; RCivC 1903, § 1696; RC 1919, § 1278; SDC 1939, § 3.0402.

One who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency, in any of the following cases, and in no others:

(1) When, with his consent, credit is given to him personally in a transaction;

(2) When he enters into a written contract in the name of his principal, without believing, in good faith, that he has authority to do so; or

(3) When his acts are wrongful in their nature.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.