South Dakota Statutes
§ 43-26-6 — Subject matter of contract for purchase and sale of realty not transferred--Destruction without fault of purchaser--Taking by eminent domain--Contract unenforceable--Recovery of purchase price.
If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that he has paid.
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South Dakota § 43-26-6 (Subject matter of contract for purchase and sale of realty not transferred--Destruction without fault of purchaser--Taking by eminent domain--Contract unenforceable--Recovery of purchase price.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 1937, ch 258, § 1; SDC 1939 & Supp 1960, § 37.1807 (1).
Nearby Sections
15
§ 43-1-1
Property defined.§ 43-1-2
Classes of property.§ 43-1-4
Land as solid material of earth.§ 43-1-6
Law governing real property.§ 43-1-7
Law governing personal property.§ 43-10-13
Repealed§ 43-11-10
Power in trust defined.§ 43-11-11
General power in trust defined.§ 43-11-12
Special power in trust defined.§ 43-11-13
Capacity to create power.§ 43-11-14
Manner of creating power.§ 43-11-15
Vesting of power.