South Dakota Statutes

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

South Dakota § 53-11-5
JurisdictionSouth Dakota
Title 53CONTRACTS
Ch. 53-11EXTINCTION AND ALTERATION OF CONTRACTS

This text of South Dakota § 53-11-5 (Restoration of everything of value by party rescinding.) 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 § 53-11-5 (2026).

Text

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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Related

US Lumber, Inc. v. Fisher
523 N.W.2d 87 (South Dakota Supreme Court, 1994)
16 case citations
Vermilyea v. BDL Enterprises, Inc.
462 N.W.2d 885 (South Dakota Supreme Court, 1990)
14 case citations
Halvorson v. Birkland
171 N.W.2d 77 (South Dakota Supreme Court, 1969)
9 case citations
Jones v. Bohn
311 N.W.2d 211 (South Dakota Supreme Court, 1981)
7 case citations
Martschinske v. Olympic Styles, Inc.
628 F. Supp. 231 (D. South Dakota, 1984)
6 case citations
Whitson v. Lende
442 N.W.2d 267 (South Dakota Supreme Court, 1989)
4 case citations

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).

Nearby Sections

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Bluebook (online)
South Dakota § 53-11-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/53-11-5.