28-10-608. Rights of person who deals with agent without knowledge of agency. A person who deals with an agent without knowing or having reason to believe that the agent acts as an agent in the transaction may set off against any claim of the principal arising out of the transaction all claims that the person might have set off against the agent before notice of the agency.
History: En. Sec. 3116, Civ. C. 1895; re-en. Sec. 5448, Rev. C. 1907; re-en. Sec. 7963, R.C.M. 1921; Cal. Civ. C. Sec. 2336; Field Civ. C. Sec. 1251; re-en. Sec. 7963, R.C.M. 1935; R.C.M. 1947, 2-207; amd. Sec. 810, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Part 6. Rights and Liabilities of Principal
28-10-601. Accrual of rights and liabilities to principal
28-10-602. Principal's responsibility for agent's negligence, omissions, and wrongs
28-10-603. When instrument binds principal
28-10-604. When notice to principal or agent is notice to the other
28-10-605. Extent to which principal bound when agent exceeds authority
28-10-606. Extent to which principal bound by acts under ostensible authority
28-10-607. When principal bound by incomplete execution of authority
28-10-608. Rights of person who deals with agent without knowledge of agency
28-10-609. Principal's liability when agent given exclusive credit