Title 20 — PERSONAL RIGHTS AND OBLIGATIONS

An accord is an agreement to accept, in extinction of an obligation, something different from that to which the person agreeing to accept is entitled. Source: CivC 1877, § 859; CL 1887, § 3483; RCivC 1903, § 1177; RC 1919, § 784; SDC 1939, § 47.0233.

An obligation is extinguished by a release therefrom given to the debtor by the creditor, upon a new consideration, or in writing, with or without new consideration. Source: CivC 1877, § 867; CL 1887, § 3491; RCivC 1903, § 1185; RC 1919, § 792; SDC 1939, § 47.0240.

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Source: CivC 1877, § 868; CL 1887, § 3492; RCivC…

A release of one of two or more joint debtors does not extinguish the obligations of any of the others, unless they are mere guarantors; nor does it affect their right to contribution from him. Source: CivC 1877, § 869; CL 1887, § 3493; RCivC 1903, § 1187; RC 1919, § 794; SDC 193…

Though the parties to an accord are bound to execute it, yet it does not extinguish the obligation until it is fully executed. Source: CivC 1877, § 860; CL 1887, § 3484; RCivC 1903, § 1178; RC 1919, § 785; SDC 1939, § 47.0234.

Acceptance by the creditor, of the consideration of an accord, extinguishes the obligation and is called satisfaction. Source: CivC 1877, § 861; CL 1887, § 3485; RCivC 1903, § 1179; RC 1919, § 786; SDC 1939, § 47.0235.

Part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in writing in satisfaction, or rendered in pursuance of an agreement in writing for that purpose, though without any new consideration, extinguishes the obligation.…

Novation is the substitution by contract of a new obligation for an existing one and is subject to the rules concerning contracts in general. Source: CivC 1877, §§ 863, 865; CL 1887, §§ 3487, 3489; RCivC 1903, §§ 1181, 1183; RC 1919, §§ 788, 790; SDC 1939, § 47.0237.

Novation is made by the substitution of a new obligation between the same parties, with intent to extinguish the old obligation. Source: CivC 1877, § 864, subdiv 1; CL 1887, § 3488, subdiv 1; RCivC 1903, § 1182, subdiv 1; RC 1919, § 789 (1); SDC 1939, § 47.0238 (1).

Novation is made by the substitution of a new debtor in place of the old one, with intent to release the latter. Source: CivC 1877, § 864, subdiv 2; CL 1887, § 3488, subdiv 2; RCivC 1903, § 1182, subdiv 2; RC 1919, § 789 (2); SDC 1939, § 47.0238 (2).

Novation is made by the substitution of a new creditor in place of the old one, with intent to transfer the rights of the latter to the former. Source: CivC 1877, § 864, subdiv 3; CL 1887, § 3488, subdiv 3; RCivC 1903, § 1182, subdiv 3; RC 1919, § 789 (3); SDC 1939, § 47.0238 (3)…

When the obligation of a third person on an order upon such person is accepted in satisfaction, the creditor may rescind such acceptance if the debtor prevents such person from complying with the order, or from fulfilling the obligation; or if, at the time the obligation or order…