59-5-2Agent's responsibility as principal.

One who assumes to act as an agent is responsible to third persons as a principal for his acts in the course of his agency, in any of the following cases, and in no others:

(1)    When, with his consent, credit is given to him personally in a transaction;

(2)    When he enters into a written contract in the name of his principal, without believing, in good faith, that he has authority to do so; or

(3)    When his acts are wrongful in their nature.

Source: CivC 1877, § 1377; CL 1887, § 4000; RCivC 1903, § 1696; RC 1919, § 1278; SDC 1939, § 3.0402.