When the agent shall exceed his authority so that the principal is not bound, the agent may not enforce the contract in his own name against the person with whom he deals unless the contract shall have been fully executed upon the part of the agent or the credit was originally given to the agent.
(Orig. Code 1863, § 2192; Code 1868, § 2188; Code 1873, § 2214; Code 1882, § 2214; Civil Code 1895, § 3042; Civil Code 1910, § 3614; Code 1933, § 4-408.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Agency, § 71 et seq.
C.J.S.- 2A C.J.S., Agency, §§ 174, 175, 176.
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.
Duty of principal to discover and notify third persons of wrongful disposal of property by agent not assuming to act for principal, 35 A.L.R. 325.
Liability on the contract of one who without authority assumes to contract for another, 42 A.L.R. 1310; 60 A.L.R. 1348.
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.
Personal liability of auctioneer to owner or mortgagee for conversion, 96 A.L.R.2d 208.