South Dakota Statutes

§ 56-2-12 — Liability of surety limited by express terms of contract--Penalty for breach.

South Dakota § 56-2-12
JurisdictionSouth Dakota
Title 56GUARANTY, SURETYSHIP AND INDEMNITY
Ch. 56-2SURETYSHIP

This text of South Dakota § 56-2-12 (Liability of surety limited by express terms of contract--Penalty for breach.) 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 § 56-2-12 (2026).

Text

A surety cannot be held beyond the express terms of his contract, and if such contract prescribes a penalty for its breach, he cannot in any case be liable for more than the penalty.

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Related

Sheehan v. Morris Irrigation
410 N.W.2d 569 (South Dakota Supreme Court, 1987)
13 case citations

Legislative History

SDC 1939, § 26.0202.

Nearby Sections

15
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Bluebook (online)
South Dakota § 56-2-12, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/56-2-12.