59-3-9. Exceptions to general authority--Agent cannot act in own name.
An authority expressed in general terms, however broad, does not authorize an agent to act in his own name, unless it is the usual course of business to do so.
Source: CivC 1877, §1361, subdiv 1; CL 1887, §3984, subdiv 1; RCivC 1903, §1680, subdiv 1; RC 1919, §1262 (1); SDC 1939, §3.0205 (1).
Structure South Dakota Codified Laws
Section 59-3-1 - Agent may perform acts permitted to principal.
Section 59-3-2 - Actual authority defined.
Section 59-3-3 - Ostensible authority defined.
Section 59-3-4 - Agent's general authority.
Section 59-3-5 - Agent's necessary authority--Ordinary course of business.
Section 59-3-6 - Agent's necessary authority--Representation as to matter of fact.
Section 59-3-7 - Agent's power to disobey instructions.
Section 59-3-8 - Agent cannot have authority to defraud principal.
Section 59-3-9 - Exceptions to general authority--Agent cannot act in own name.
Section 59-3-10 - Exceptions to general authority--Scope of agency cannot be defined.
Section 59-3-11 - Exceptions to general authority--Forbidden acts.
Section 59-3-12 - Authority to sell real property--Power to give warranty.
Section 59-3-13 - Authority to sell personal property--Power to give warranties.
Section 59-3-14 - Authority to receive price of property.
Section 59-3-15 - Agent's delegation of powers.
Section 59-3-16 - Subagent, lawfully appointed, represents principal.
Section 59-3-17 - Responsibility as between principal and agent of agent.
Section 59-3-18 - Agent's unauthorized employment of subagent.