Title 53 — CONTRACTS
12 chapters · 133 sections in this title.
SDCL § 53-10-1 Executed contract distinguished from executory contract
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An executed contract is one, the object of which is fully performed. All others are executory. Source: CivC 1877, § 952; CL 1887, § 3576; RCivC 1903, § 1270; RC 1919, § 891; SDC 1939, § 10.0103.
SDCL § 53-10-2 Time of performance of contract not specified--Allowance of reasonable time--Instant action
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If no time is specified for the performance of an act, a reasonable time is allowed. If the act is capable of being done instantly, such as payment of money, it must be performed immediately when due and ascertained. Source: CivC 1877, § 948; CL 1887, § 3572; RCivC 1903, § 1266; …
SDCL § 53-10-3 Time as essence of the contract
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Time is never considered as of the essence of the contract, unless by its terms expressly so provided. Source: CivC 1877, § 949; CL 1887, § 3573; RCivC 1903, § 1267; RC 1919, § 888; SDC 1939, § 10.0107.