§ 10-6-88. When Public Agent Not Liable on Public Contract
Public agents contracting in behalf of the public shall not be individually liable on such contracts. History. Orig. Code 1863, § 2190; Code 1868, § 2186; Code 1873, § 2212; Code 1882, § 2212; Civil Code 1895, § 3040; Civil Code 1910, § 3612; Code 1933, § 4-407.
§ 10-6-89. Contract for Nonexisting Principal Void; Right of Action Against Purported Agent
The contract of any person or corporation who purports as agent of a nonexisting principal to bind such nonexisting principal only shall be void. Any other party to such contract who is misled thereby to his injury shall have a right of action for damages against such purported agent individually. History. Code 1933, § 4-410, […]
§ 10-6-100. Bond to Be Posted by Agent in Business of Receiving Cash for Payment to Third Persons; Exceptions
Any person, corporation, partnership, association, or any other entity which engages in the business of receiving cash from patrons as payment of obligations owed by such patrons to third parties, with the understanding that such person, corporation, partnership, association, or other entity will act as agent of the patron in making payment directly to the […]
§ 10-6-101. Right to Restitution From Bond; Agent’s Civil Liability or Criminal Responsibility to Patron Not Affected
Failure of any such agent to pay over moneys in accordance with lawful instructions or agreement shall entitle the third party to whom payment should have been made to restitution of moneys entrusted and not so paid over from such posted bond to the extent of the amount thereof; provided, however, that no payment on […]
§ 10-6-102. Penalties for Failure to Post Bond
Any person who fails to post a bond as required under this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $300.00 nor more than $3,000.00, or by imprisonment for not more than six months, or both. History. Code 1933, § 84-9994, enacted […]
§ 10-6-120. Overseer’s Duties and Powers
In the absence of the employer, the overseer stands in his place. It shall be his duty to see to the sustenance and protection of his employer’s property; and to discharge the duty, he shall be justified in repelling aggressors and trespassers to the same extent as the employer. History. Orig. Code 1863, § 2193; […]
§ 10-6-121. Parol Contract Between Employer and Overseer
Contracts between employers and overseers may be by parol, though they may extend beyond a year from the time of the contract. History. Orig. Code 1863, § 2195; Code 1868, § 2190; Code 1873, § 2216; Code 1882, § 2216; Civil Code 1895, § 3044; Civil Code 1910, § 3616; Code 1933, § 4-502. Cross […]
§ 10-6-80. Agent May Prosecute Legal Remedies for Principal; Parol Authority; Liability if Act Repudiated
Any act authorized or required to be done under this Code by any person in the prosecution of his legal remedies may be done by his agent; and for this purpose he is authorized to make an affidavit and execute any bond required, though his agency shall be created by parol. In all such cases, […]
§ 10-6-81. Recovery of Money Paid to or by Agent by Mistake
If money shall be paid to an agent by mistake and he in good faith shall pay it over to his principal, he shall not thereafter be personally liable therefor. In all other cases he shall be liable for its repayment. If money shall be paid by an agent by mistake, he may recover it […]
§ 10-6-82. Agent’s Right of Action on Principal’s Contracts
Generally, an agent shall have no right of action on contracts made for his principal. The following are exceptions: A factor contracting on his own credit; Where promissory notes or other evidences of debt are made payable to an agent of a corporation; In all cases where the contract is made with the agent in […]