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12 chapters · 141 sections in this title.
SDCL § 53-8-1 Contracts which may be oral
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All contracts may be oral except such as are specially required by statute to be in writing. Source: CivC 1877, § 918; CL 1887, § 3542; RCivC 1903, § 1236; RC 1919, § 853; SDC 1939, § 10.0602.
SDCL § 53-8-2 Contracts required to be in writing--Statute of frauds
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The following contracts are not enforceable by action unless the contract or some memorandum thereof is in writing and subscribed by the party to be charged or his agent, as authorized in writing: (1) An agreement that by its terms is not to be performed within a year from the ma…
SDCL § 53-8-3 Contract not in writing through fraud--Enforcement against fraudulent party
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Where a contract which is required by law to be in writing is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing and acts upon such belief to his prejudice may enforce it against the fra…
SDCL § 53-8-4 Sales at public auction, memorandum of auctioneer, compliance with statute of frauds
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When a sale is made by public auction of any real or personal property, an entry by the auctioneer, or actual clerk of the sale, in his sale book at the time of the sale, of the kind of property sold and description thereof sufficient for identification, the terms of sale, the pr…
