21-11-3. Intent considered in revising instrument--Court not restricted by language.
In revising a written instrument, the court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be.
Source: CivC 1877, §2006; CL 1887, §4639; RCivC 1903, §2351; RC 1919, §2022; Supreme Court Rule 562, 1939; SDC 1939 & Supp 1960, §37.0602.
Structure South Dakota Codified Laws
Chapter 11 - Revision Of Contracts
Section 21-11-1 - Fraud or mistake as ground for revision.
Section 21-11-2 - Presumption of intent to make equitable agreement.
Section 21-11-3 - Intent considered in revising instrument--Court not restricted by language.
Section 21-11-4 - Revision and specific enforcement in combined or separate proceedings.