South Dakota Statutes

§ 53-11-5 — Restoration of everything of value by party rescinding.

South Dakota·Title 53 CONTRACTS·Ch. 53-11 EXTINCTION AND ALTERATION OF CONTRACTS
The party rescinding a contract must restore to the other party everything of value which he has received from him under the contract, or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable or positively refuses to do so.

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523 N.W.2d 87 (South Dakota Supreme Court, 1994)
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Vermilyea v. BDL Enterprises, Inc.
462 N.W.2d 885 (South Dakota Supreme Court, 1990)
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Halvorson v. Birkland
171 N.W.2d 77 (South Dakota Supreme Court, 1969)
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311 N.W.2d 211 (South Dakota Supreme Court, 1981)
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Legislative History

CivC 1877, § 967, subdiv 2; CL 1887, § 3591, subdiv 2; RCivC 1903, § 1285, subdiv 2; RC 1919, § 906 (2); SDC 1939, § 10.0804 (2).

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