28-10-702. When agent responsible to third persons as principal. A person who assumes to act as an agent is responsible to third persons as a principal for acts in the course of the agency in any of the following cases and in no other:

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Terms Used In Montana Code 28-10-702

  • Contract: A legal written agreement that becomes binding when signed.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Third persons: means all persons who are not parties to the obligation or transaction concerning which the phrase is used. See Montana Code 1-1-206

(1)when, with the agent’s consent, credit is given to the agent personally in a transaction;

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

(3)when the agent’s acts are wrongful in their nature.