Liability under guaranty commission

SDCL § 59-9-3 — under FACTORS.

SDCL § 59-9-3

A factor who charges his principal with a guaranty commission upon a sale, thereby assumes absolutely to pay the price when it falls due, as if it were a debt of his own, and not as a mere guarantor for the purchaser; but he does not thereby assume any additional responsibility for the safety of his remittance of the proceeds. Source: CivC 1877, § 1171; CL 1887, § 3794; RCivC 1903, § 1490; RC 1919, § 1291; SDC 1939, § 3.0605.