\r\n\r\n\r\n53-8-1\r\n \r\nContracts which may be oral.\r\n\r\n
\r\n\r\n\r\n53-8-2\r\n \r\nContracts required to be in writing--Statute of frauds.\r\n\r\n
\r\n\r\n\r\n53-8-3\r\n \r\nContract not in writing through fraud--Enforcement against fraudulent party.\r\n\r\n
\r\n\r\n\r\n53-8-4\r\n \r\nSales at public auction, memorandum of auctioneer, compliance with statute of\r\nfrauds.\r\n\r\n
\r\n\r\n\r\n53-8-5\r\n \r\nExecution of contract in writing supersedes oral negotiations or stipulations.\r\n\r\n
\r\n\r\n\r\n53-8-6\r\n \r\nOral contract--Alteration in writing by consent of parties.\r\n\r\n
\r\n\r\n\r\n53-8-7\r\n \r\nAlteration of written contract without new consideration.\r\n\r\n
\r\n
53-8-1. Contracts which may be oral.
All contracts may be oral except such as are specially required by statute to be in writing.
Source: CivC 1877, § 918; CL 1887, § 3542; RCivC 1903, § 1236; RC 1919, § 853; SDC 1939, § 10.0602.
53-8-2. Contracts required to be in writing--Statute of frauds.
The following contracts are not enforceable by action unless the contract or some memorandum thereof is in writing and subscribed by the party to be charged or his agent, as authorized in writing:
(1) An agreement that by its terms is not to be performed within a year from the making thereof;
(2) An agreement made upon consideration of marriage, other than a mutual promise to marry;
(3) An agreement for sale of real estate or an interest therein, or lease of the same, for a period longer than one year. However, this does not abridge the power of any court to compel specific performance of any agreement for sale of real estate in case of part performance thereof; and
(4) An agreement for a loan of money or for an extension of credit, which agreement may be enforced by a beneficiary for whom the agreement was made, including, but not limited to, vendors of agricultural goods, services or products. A loan or an extension of credit made pursuant to § 51A-12-12 or chapter 54-11 is specifically exempt from the provisions of this section.
Source: CivC 1877, §§ 920, 993; CL 1887, §§ 3544, 3617; RCivC 1903, §§ 1238, 1311; RC 1919, §§ 855, 856; SDC 1939, § 10.0605; SL 1985, ch 381.
53-8-3. Contract not in writing through fraud--Enforcement against fraudulent party.
Where a contract which is required by law to be in writing is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing and acts upon such belief to his prejudice may enforce it against the fraudulent party.
Source: CivC 1877, § 919; CL 1887, § 3543; RCivC 1903, § 1237; RC 1919, § 854; SDC 1939, § 10.0603.
53-8-4. Sales at public auction, memorandum of auctioneer, compliance with statute of frauds.
When a sale is made by public auction of any real or personal property, an entry by the auctioneer, or actual clerk of the sale, in his sale book at the time of the sale, of the kind of property sold and description thereof sufficient for identification, the terms of sale, the price, and the names of the purchaser and person on whose account the sale was made, is a sufficient memorandum to satisfy the requirements of § 53-8-2.
Source: CivC 1877, § 920; CL 1887, § 3544; RCivC 1903, § 1238; RC 1919, § 858; SDC 1939, § 10.0606.
53-8-5. Execution of contract in writing supersedes oral negotiations or stipulations.
The execution of a contract in writing, whether the law requires it to be written or not, supersedes all the oral negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument.
Source: CivC 1877, § 921; CL 1887, § 3545; RCivC 1903, § 1239; RC 1919, § 860; SDC 1939, § 10.0604.
53-8-6. Oral contract--Alteration in writing by consent of parties.
A contract not in writing may be altered in any respect by consent of the parties, in writing, without a new consideration, and is extinguished thereby to the extent of the alteration.
Source: CivC 1877, § 968; CL 1887, § 3592; RCivC 1903, § 1286; RC 1919, § 907; SDC 1939, § 10.0805.
53-8-7. Alteration of written contract without new consideration.
A contract in writing may be altered by a contract in writing without a new consideration or by an executed oral agreement, and not otherwise.
Source: CivC 1877, § 969; CL 1887, § 3593; RCivC 1903, § 1287; RC 1919, § 908; SDC 1939, § 10.0806.