Demand not required for obligation to restore--Notice of mutual mistake required

The restoration required by § 20-8-1 must be made without demand except where a thing is obtained by mutual mistake, in which case the party obtaining the thing is not bound to return it until he has notice of the mistake. Source: CivC 1877, § 978; CL 1887, § 3602; RCivC 1903, § 1296; RC 1919, § 800; SDC 1939, § 47.0306.