§ 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. […]
§ 10-6-36. Revocation of Agency — Effect of Incompetency or Incapacity of Principal on Power of Attorney
A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency or incapacity of the principal. The power to act as an attorney in fact for a principal who subsequently becomes incompetent or incapacitated shall remain in force until such time as a conservator or receiver shall be appointed for […]
§ 10-6-37. Revocation of Agency — Action for Wrongful Discharge of Agent Before Termination of Contract
When the contract is for a year, and the principal wrongfully discharges the agent before the end of the year, the agent may either sue immediately for any special injury from the breach of the contract, or, treating the contract as rescinded, may sue for the value of the services rendered, or he may wait […]
§ 10-6-22. Diligence Required of Agent
An agent for hire shall be bound to exercise, about the business of his principal, that ordinary care, skill, and diligence required of a bailee for hire. A voluntary agent, without hire or reward, shall be liable only for gross neglect. History. Orig. Code 1863, § 2163; Code 1868, § 2159; Code 1873, § 2185; […]