The principal shall be bound by all representations made by his agent in the business of his agency and also by his willful concealment of material facts, although they are unknown to the principal and known only by the agent.
(Orig. Code 1863, § 2177; Code 1868, § 2173; Code 1873, § 2199; Code 1882, § 2199; Civil Code 1895, § 3026; Civil Code 1910, § 3598; Code 1933, § 4-307.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Agency, §§ 186 et seq., 243 et seq.
C.J.S.- 2A C.J.S., Agency, §§ 410, 414.
ALR.
- Personal liability of servant or agent to third person for injuries caused by the performance or nonperformance of his duties to his employer, 20 A.L.R. 97; 99 A.L.R. 408; 96 A.L.R.2d 208.
Admissibility of declarations by one involved in an accident in relation to his employment by or agency for other person, 67 A.L.R. 170; 150 A.L.R. 623.
Acceptance by collection agent authorized to receive money only, of something else upon which he realizes money, as binding principal, 94 A.L.R. 784.
Misrepresentations by one party's agent, who was not authorized in that regard, as ground of rescission by other party, 95 A.L.R. 763.
Liability of infant for torts of his employee or agent, 103 A.L.R. 487.
Agent's knowledge of his own embezzlement or other misconduct as imputable to principal in latter's suit on fidelity bond or insurance, 105 A.L.R. 535.
Sole actor doctrine where officer or agent of corporation acting adversely to it is its sole representative in the transaction, 111 A.L.R. 665.
Insurance company's responsibility for torts of agent causing physical injury to person or damage to property, 116 A.L.R. 1389.
Responsibility of bank for fraud of officer or agent inducing customer or debtor of bank to enter into transaction with such officer or agent personally or with third person, 117 A.L.R. 389.
Profession at time of act or contract to be acting for another as a necessary condition of its ratification by latter, 124 A.L.R. 893.
Authority of agent who delivers commercial paper or other obligation to third person for collection, to receive payment of proceeds from the latter, so as to preclude principal's right to enforce payment of proceeds, 163 A.L.R. 1209.
Implied or apparent authority of agent selling personal property to make warranties, 40 A.L.R.2d 285.
Real estate broker's power to bind principal by representations as to character, condition, location, quantity, or title of property, 58 A.L.R.2d 10.
Broker's liability for damages or losses sustained by vendor of real property to vendee because of broker's misrepresentations, 61 A.L.R.2d 1237.
Personal liability of auctioneer to owner or mortgagee for conversion, 96 A.L.R.2d 208.
Insurance agent's statement or conduct indicating that insurer's cancellation of policy shall not take effect as binding on insurer, 3 A.L.R.3d 1135.
Insurer's statements as to amount of dividends, accumulations, surplus, or the like as binding on insurer or merely illustrative, 17 A.L.R.3d 777.
Insured's responsibility for false answers inserted by insurer's agent in application following correct answers by insured, or incorrect answers suggested by agent, 26 A.L.R.3d 6.
Liability of bank, to other than party whose financial condition is misrepresented, for erroneous credit information furnished by bank or its directors, officers, or employees, 77 A.L.R.3d 6.