59-1-5Ostensible agency.

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.