South Dakota Statutes

§ 21-2-6 — Damages for breach of covenant against encumbrances.

South Dakota·Title 21 JUDICIAL REMEDIES·Ch. 21-2 DAMAGES FOR BREACH OF CONTRACT
The detriment caused by the breach of a covenant against encumbrances, in a grant of an estate in real property, is deemed to be the amount which has been actually expended by the covenantee in extinguishing either the principal or interest thereof; not exceeding in the former case a proportion of the price paid to the grantor, equivalent to the relative value, at the time of the grant, of the property affected by the breach, as compared with the whole; or, in the latter case interest on a like amount.

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South Dakota § 21-2-6 (Damages for breach of covenant against encumbrances.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

CivC 1877, § 1952; CL 1887, § 4585; RCivC 1903, § 2297; RC 1919, § 1969; SDC 1939 & Supp 1960, § 37.1804.

Nearby Sections

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