§ 10-6-87. When Agent Responsible for Credit Given; Question for Jury
Where the agency is known and the credit is not expressly given to the agent, he shall not be personally responsible upon the contract. The question to whom the credit is given is a question of fact to be decided by the jury under the circumstances in each case. History. Orig. Code 1863, § 2189; […]
§ 10-6-56. When Principal Bound by Agent’s Representations or Concealment
The principal shall be bound by all representations made by his agent in the business of his agency and also by his willful concealment of material facts, although they are unknown to the principal and known only by the agent. History. Orig. Code 1863, § 2177; Code 1868, § 2173; Code 1873, § 2199; Code […]
§ 10-6-57. Payment to Agent Not Producing Obligation Made at Debtor’s Risk; Proving Agent’s Authority
Where money is due on a written evidence of debt, payment to an agent of the creditor who fails to produce the obligation shall be at the risk of the debtor. Nonproduction of the security shall rebut the implication of authority arising from the agent’s employment, and it must be otherwise established. History. Civil Code […]
§ 10-6-58. Notice to Agent
Notice to the agent of any matter connected with his agency shall be notice to the principal. History. Orig. Code 1863, § 2178; Code 1868, § 2174; Code 1873, § 2200; Code 1882, § 2200; Civil Code 1895, § 3027; Civil Code 1910, § 3599; Code 1933, § 4-309.
§ 10-6-59. Principal Not Bound by Agent Conspiring With Third Person
Where an agent shall conspire with the other party, his principal shall not be bound thereby nor charged with knowledge of facts thus acquired by his agent. History. Civil Code 1895, § 3028; Civil Code 1910, § 3600; Code 1933, § 4-310. History of Code section. This Code section is derived from the decision in […]
§ 10-6-60. Principal Bound for Neglect and Fraud of Agent
The principal shall be bound for the care, diligence, and fidelity of his agent in his business, and hence he shall be bound for the neglect and fraud of his agent in the transaction of such business. History. Orig. Code 1863, § 2179; Code 1868, § 2175; Code 1873, § 2201; Code 1882, § 2201; […]
§ 10-6-61. When Principal Liable for Agent’s Willful Trespass
The principal shall not be liable for the willful trespass of his agent unless done by his command or assented to by him. History. Orig. Code 1863, § 2181; Code 1868, § 2177; Code 1873, § 2203; Code 1882, § 2203; Civil Code 1895, § 3031; Civil Code 1910, § 3603; Code 1933, § 4-312. […]
§ 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, […]