Title 59 — AGENCY
12 chapters · 170 sections in this title.
SDCL § 59-1-1 Agency defined
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Agency is the representation of one called the principal by another called the agent in dealing with third persons. Source: CivC 1877, § 1337; CL 1887, § 3960; RCivC 1903, § 1656; RC 1919, § 1234; SDC 1939, § 3.0101.
SDCL § 59-1-2 Agents--General or special
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An agent for a particular act or transaction is a special agent; all others are general agents. Source: CivC 1877, § 1339; CL 1887, § 3962; RCivC 1903, § 1658; RC 1919, § 1236; SDC 1939, § 3.0102.
SDCL § 59-1-3 Authority construed by specific rather than general terms
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If authority is given partly in general and partly in specific terms no higher powers than those specifically mentioned are given. Source: CivC 1877, § 1360; CL 1887, § 3983; RCivC 1903, § 1679; RC 1919, § 1261; SDC 1939, § 3.0102.
SDCL § 59-1-4 Actual agency
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Agency is actual when the principal appoints the agent. Source: CivC 1877, § 1341; CL 1887, § 3964; RCivC 1903, § 1660; RC 1919, § 1238; SDC 1939, § 3.0103.
SDCL § 59-1-5 Ostensible agency
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Agency is ostensible when by conduct or want of ordinary care the principal causes a third person to believe another, who is not actually appointed, to be his agent. Source: CivC 1877, § 1342; CL 1887, § 3965; RCivC 1903, § 1661; RC 1919, § 1239; SDC 1939, § 3.0103.