Consent of the parties to a contract must be: (1) Free; (2) Mutual; and (3) Communicated by each to the other. Source: CivC 1877, § 876; CL 1887, § 3500; RCivC 1903, § 1194; RC 1919, § 809; SDC 1939, § 10.0301.
Essentials of consent
SDCL § 53-3-1 — under CONSENT TO CONTRACTS.
SDCL § 53-3-1