28-10-405. Implied powers of agent. An agent has authority to:
     (1) do everything necessary and proper and usual, in the ordinary course of business, for effecting the purpose of his agency; and
     (2) make a representation respecting any matter of fact, except the terms of his authority, upon which his right to use his authority depends and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.

     History: En. Sec. 3095, Civ. C. 1895; re-en. Sec. 5434, Rev. C. 1907; re-en. Sec. 7949, R.C.M. 1921; Cal. Civ. C. Sec. 2319; Field Civ. C. Sec. 1237; re-en. Sec. 7949, R.C.M. 1935; R.C.M. 1947, 2-126; amd. Sec. 32, Ch. 117, L. 1979.