59-5-2. Agent'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.