South Dakota Codified Laws 59-5-2. Agent’s responsibility as principal
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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;
Terms Used In South Dakota Codified Laws 59-5-2
- Contract: A legal written agreement that becomes binding when signed.
- Third persons: includes all who are not parties to the obligation or transaction concerning which the phrase is used. See South Dakota Codified Laws 2-14-2
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(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.
Source: CivC 1877, § 1377; CL 1887, § 4000; RCivC 1903, § 1696; RC 1919, § 1278; SDC 1939, § 3.0402.