Section 10-6-82. Agent's right of action on principal's contracts

   Generally, an agent shall have no right of action on contracts made for his principal. The following are exceptions:

   (1) A factor contracting on his own credit;

   (2) Where promissory notes or other evidences of debt are made payable to an agent of a corporation;

   (3) In all cases where the contract is made with the agent in his individual name, though his agency be known;

   (4) Auctioneers may sue in their own names for goods sold by them;

   (5) In cases of agency coupled with an interest in the agent, known to the party contracting with him.

In all these cases, payment to the principal before notice of the agent's claim is a good defense.

Orig. Code 1863, § 2187; Code 1868, § 2183; Code 1873, § 2209; Code 1882, § 2209; Civil Code 1895, § 3037; Civil Code 1910, § 3609; Code 1933, § 4-404.