21-2-3. Damages for breach of agreement to convey real property.
The detriment caused by the breach of an agreement to convey an estate in real property is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case of bad faith, the difference between the price agreed to be paid, and the value of the estate agreed to be conveyed, at the time of the breach, and the expenses properly incurred in preparing to enter upon the land.
Source: CivC 1877, §1953; CL 1887, §4586; RCivC 1903, §2298; RC 1919, §1970; SDC 1939 & Supp 1960, §37.1805.
Structure South Dakota Codified Laws
Chapter 02 - Damages For Breach Of Contract
Section 21-2-1 - General measure of damages for breach of contract--Uncertain damages not recovered.
Section 21-2-2 - Damages for breach of obligation to pay money.
Section 21-2-3 - Damages for breach of agreement to convey real property.
Section 21-2-4 - Damages for breach of agreement to purchase real property.
Section 21-2-5 - Damages for breach of covenant in grant of real property.
Section 21-2-6 - Damages for breach of covenant against encumbrances.
Section 21-2-7 - Damages for breach of warranty of agent's authority.
Section 21-2-8 - Damages for carrier's failure to accept freight, messages or passengers.
Section 21-2-9 - Damages for carrier's failure to deliver freight.
Section 21-2-10 - Damages for carrier's delay in delivery of freight.