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3 chapters · 61 sections in this title.
SDCL § 56-2-1 Suretyship defined
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Suretyship is a contract by which one who at the request of another and for the purpose of securing to him a benefit becomes responsible for the performance by the latter of some act in favor of a third person or hypothecates property as security therefor. Source: SDC 1939, § 26.…
SDCL § 56-2-10 Surety exonerated to extent prejudiced by act of creditor
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A surety is exonerated to the extent to which he is prejudiced by any act of the creditor which would naturally prove injurious to the remedies of the surety or inconsistent with his rights or which lessens his security. Source: SDC 1939, § 26.0205 (3).
SDCL § 56-2-11 Surety exonerated to extent prejudiced by omission of creditor
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A surety is exonerated to the extent to which he is prejudiced by an omission of the creditor to do anything when required by the surety which it is his duty to do. Source: SDC 1939, § 26.0205 (4).
SDCL § 56-2-12 Liability of surety limited by express terms of contract--Penalty for breach
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A surety cannot be held beyond the express terms of his contract, and if such contract prescribes a penalty for its breach, he cannot in any case be liable for more than the penalty. Source: SDC 1939, § 26.0202.
