South Dakota Statutes
§ 21-11-1 — Fraud or mistake as ground for revision.
South Dakota § 21-11-1
This text of South Dakota § 21-11-1 (Fraud or mistake as ground for revision.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 21-11-1 (2026).
Text
When through fraud or mutual mistake of the parties, or a mistake of one party which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved so as to express that intention, so far as it can be done without prejudice to rights acquired by third persons, in good faith and for value.
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Related
Schmidt v. Wildcat Cave, Inc.
261 N.W.2d 114 (South Dakota Supreme Court, 1977)
Enchanted World Doll Museum v. Buskohl
398 N.W.2d 149 (South Dakota Supreme Court, 1986)
City of Deadwood v. Summit, Inc.
2000 SD 29 (South Dakota Supreme Court, 2000)
LPN Trust v. Farrar Outdoor Advertising, Inc.
1996 SD 97 (South Dakota Supreme Court, 1996)
Vermilyea v. BDL Enterprises, Inc.
462 N.W.2d 885 (South Dakota Supreme Court, 1990)
O'Brien v. R-J Development Corp.
387 N.W.2d 521 (South Dakota Supreme Court, 1986)
Brooks, Inc. v. Brooks
201 N.W.2d 128 (South Dakota Supreme Court, 1972)
Hermsen v. Tarrell
188 N.W.2d 837 (South Dakota Supreme Court, 1971)
Thomas v. McNeill
448 N.W.2d 231 (South Dakota Supreme Court, 1989)
Legislative History
CivC 1877, § 2004; CL 1887, § 4637; RCivC 1903, § 2349; RC 1919, § 2020; SDC 1939 & Supp 1960, § 37.0601.
Nearby Sections
15
§ 21-1-11
Repealed§ 21-1-13
Repealed§ 21-1-13.2
Application of interest statutes.§ 21-1-14
Liability of issuer of bad check for collection costs--Costs included in restitution award.§ 21-1-15
Definitions.§ 21-1-3
Damages to be reasonable.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 21-11-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-11-1.