§ 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 […]
§ 10-6-88. 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; […]
§ 10-6-62. When Principal to Benefit From Agent’s Contract; Defenses Against Undisclosed Principal
The principal shall have advantage of his agent’s contracts in the same manner as he shall be bound by them, so far as they come within the scope of his agency. If, however, the agency shall have been concealed, the party dealing with him may set up any defense against the principal which he has […]
§ 10-6-63. When Principal May Recover Money or Goods Illegally or Mistakenly Paid or Wrongfully Transferred by Agent
The principal may recover back money paid illegally or by mistake of his agent or goods wrongfully transferred by the agent, the party receiving the goods having notice of the agent’s want of authority or willful misconduct. History. Orig. Code 1863, § 2183; Code 1868, § 2179; Code 1873, § 2205; Code 1882, § 2205; […]
§ 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, […]