Title 53 — CONTRACTS

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.

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…

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…

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…

The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument. Source: CivC 1877, § 921; CL 1887, § 3545; RCivC 190…

A contract not in writing may be altered in any respect by consent of the parties, in writing, without a new consideration, and is extinguished thereby to the extent of the alteration. Source: CivC 1877, § 968; CL 1887, § 3592; RCivC 1903, § 1286; RC 1919, § 907; SDC 1939, § 10.0…

A contract in writing may be altered by a contract in writing without a new consideration or by an executed oral agreement, and not otherwise. Source: CivC 1877, § 969; CL 1887, § 3593; RCivC 1903, § 1287; RC 1919, § 908; SDC 1939, § 10.0806.