Title 53 — CONTRACTS
12 chapters · 133 sections in this title.
SDCL § 53-2-1 Persons capable of contracting
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All persons are capable of contracting except minors, persons of unsound mind, and persons deprived of civil rights. Source: CivC 1877, § 872; CL 1887, § 3496; RCivC 1903, § 1190; RC 1919, § 805; SDC 1939, § 10.0201.
SDCL § 53-2-2 Minors and persons of unsound mind--Capacity to contract
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Minors and persons of unsound mind have only such capacity as is specified in the statutes relating to such persons. Source: CivC 1877, § 873; CL 1887, § 3497; RCivC 1903, § 1191; RC 1919, § 806; SDC 1939, § 10.0202.
SDCL § 53-2-3 Identification of parties necessary to validity
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If the parties cannot be identified, a contract is invalid. Source: CivC 1877, § 874; CL 1887, § 3498; RCivC 1903, § 1192; RC 1919, § 807; SDC 1939, § 10.0203.
SDCL § 53-2-4 Joint and several contracts
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Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several. Source: CivC 1877, § 950; CL 1887, § 3574; RCivC 1903, § 1268; RC 1919, § 889; SDC 1939, § 10.0104.
Promise in singular number--Execution by several persons
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A promise made in the singular number but executed by several persons is presumed to be joint and several. Source: CivC 1877, § 951; CL 1887, § 3575; RCivC 1903, § 1269; RC 1919, § 890; SDC 1939, § 10.0105.
SDCL § 53-2-6 Contract for benefit of third person--Enforcement by beneficiary, limitation of time
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A contract made expressly for the benefit of a third person may be enforced by him at any time before the parties thereto rescind it. Source: CivC 1877, § 875; CL 1887, § 3499; RCivC 1903, § 1193; RC 1919, § 808; SDC 1939, § 10.0204.