43-35-1      Title to personal property--Sale or exchange--Law governing--Exception.
43-35-2      Transfer of interest in ship or existing trust--Operation of law--Written instrument.
43-35-3      Passing of title to personal property sold or exchanged--Exception.
43-35-4      Executory agreement for sale or exchange of personal property--Transfer of title--Exception.
43-35-5      Transfer of possession of personal property, with power of disposition, to another--Executed sale by transferee--Legal effect.
43-35-6      Good will of a business--Definition--Property subject to transfer.

43-35-1. Title to personal property--Sale or exchange--Law governing--Exception.

The transfer of title to personal property by sale or exchange is regulated by Titles 53 and 57A, except as otherwise specifically provided in this title.

Source: SDC 1939, § 51.1501.

43-35-2. Transfer of interest in ship or existing trust--Operation of law--Written instrument.

An interest in a ship, or in an existing trust, can be transferred only by operation of law, or by a written instrument, subscribed by the person making the transfer, or by his agent.

Source: CivC 1877, § 634; CL 1887, § 3255; RCivC 1903, § 948; RC 1919, § 556; SDC 1939, § 51.1502.

43-35-3. Passing of title to personal property sold or exchanged--Exception.

The title to personal property, sold or exchanged, passes to the buyer whenever the parties agree upon a present transfer, and the thing itself is identified, whether it is separated from other things or not, except as may be otherwise provided in chapter 57A-2.

Source: CivC 1877, § 636; CL 1887, § 3257; RCivC 1903, § 950; RC 1919, § 558; SDC 1939, § 51.1503.

43-35-4. Executory agreement for sale or exchange of personal property--Transfer of title--Exception.

Title is transferred by an executory agreement for the sale or exchange of personal property, only when the buyer has accepted the thing, or when the seller has completed it, prepared it for delivery, and offered it to the buyer, with intent to transfer the title thereto, in manner sufficient to constitute legal tender, except as may be otherwise provided in chapter 57A-2.

Source: CivC 1877, § 637; CL 1887, § 3258; RCivC 1903, § 951; RC 1919, § 559; SDC 1939, § 51.1504.

43-35-5. Transfer of possession of personal property, with power of disposition, to another--Executed sale by transferee--Legal effect.

Where the possession of personal property, together with a power to dispose thereof, is transferred by its owner to another person, an executed sale by the latter, while in possession, to a buyer in good faith and in the ordinary course of business, for value, transfers to such buyer the title of the former owner, though he may be entitled to rescind, and does rescind the transfer made by him.

Source: CivC 1877, § 638; CL 1887, § 3259; RCivC 1903, § 952; RC 1919, § 560; SDC 1939, § 51.1505.

43-35-6. Good will of a business--Definition--Property subject to transfer.

The good will of a business is the expectation of continued public patronage, but it does not include a right to use the name of any person from whom it was acquired.

The good will of a business is property, transferable like any other.

Source: CivC 1877, §§ 577, 578; CL 1887, §§ 3200, 3201; RCivC 1903, §§ 893, 894; RC 1919, §§ 491, 492; SDC 1939, § 51.0810.