59-9-2. Obedience required of factor.A factor must obey the instructions of his principal to the same extent as any other employee, notwithstanding any advances he may have made to his principal upon the property consigned to him, except that if the principal forbids him to sell at the market price, he may nevertheless sell for his reimbursement, after giving to his principal reasonable notice of his intention to do so, and of the time and place of sale, and proceeding in all respects as a pledgee. Source: CivC 1877, §1169; CL 1887, §3792; RCivC 1903, §1488; RC 1919, §1289; SDC 1939, §3.0604.
South Dakota Legal Code