Section 8-2-1
Section 8-2-1
Authority of agents generally.
Every agent has actually such authority as is defined by this chapter, unless specially deprived thereof by his principal, and has even then such authority ostensibly, except as to persons who have actual or constructive notice of the restrictions upon his authority.
(Code 1923, §9534; Code 1940, T. 9, §68.)Section 8-2-2
Section 8-2-2
General agent's authority to receive price.
A general agent to sell who is intrusted by the principal with the possession of the thing sold has authority to receive the price.
(Code 1923, §9536; Code 1940, T. 9, §70.)Section 8-2-3
Section 8-2-3
Special agent's authority to receive price.
A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterwards.
(Code 1923, §9537; Code 1940, T. 9, §71.)Section 8-2-4
Section 8-2-4
Agent's authority to effect purpose of agency and represent authority.
An agent has authority to:
(1) Do everything necessary or proper and usual in the ordinary course of business for effecting the purpose of his agency; and
(2) Make a representation respecting any matter of fact, not including the terms of his authority, but upon which his right to use his authority depends and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.
(Code 1923, §9535; Code 1940, T. 9, §69.)Section 8-2-5
Section 8-2-5
Person acting as agent warrants authority he assumes.
One who assumes to act as an agent thereby warrants to all who deal with him in that capacity that he has the authority which he assumes.
(Code 1923, §9542; Code 1940, T. 9, §76.)Section 8-2-6
Section 8-2-6
Principal bound by agent's acts under ostensible authority.
A principal is bound by acts of his agent under a merely ostensible authority to those persons only who have in good faith and without want of ordinary care incurred a liability or parted with value upon the faith thereof.
(Code 1923, §9539; Code 1940, T. 9, §73.)Section 8-2-7
Section 8-2-7
Principal responsible for negligence and omission of agent in transacting agency.
Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in and as a part of the transaction of such business, and for his willful omission to fulfill the obligations of the principal.
(Code 1923, §9541; Code 1940, T. 9, §75.)Section 8-2-8
Section 8-2-8
Both principal and agent have notice of whatever either has notice of.
As against a principal, both principal and agent are deemed to have notice of whatever either has notice of and ought in good faith and the exercise of ordinary care and diligence to communicate to the other.
(Code 1923, §9538; Code 1940, T. 9, §72.)Section 8-2-9
Section 8-2-9
Setoff against principal's claim by person having claim against agent before notice of agency.
One who deals with an agent without knowing or having reason to believe that the agent acts as such in the transaction may set off against any claim of the principal arising out of the same all claims which he might have set off against the agent before notice of the agency.
(Code 1923, §9540; Code 1940, T. 9, §74.)
|
