South Dakota Codified Laws
Chapter 11 - Extinction And Alteration Of Contracts
Section 53-11-5 - Restoration of everything of value by party rescinding.

53-11-5. Restoration of everything of value by party rescinding.
The party rescinding a contract must restore to the other party everything of value which he has received from him under the contract, or must offer to restore the same, upon condition that such party shall do likewise, unless the latter is unable or positively refuses to do so.

Source: CivC 1877, §967, subdiv 2; CL 1887, §3591, subdiv 2; RCivC 1903, §1285, subdiv 2; RC 1919, §906 (2); SDC 1939, §10.0804 (2).

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 53 - Contracts

Chapter 11 - Extinction And Alteration Of Contracts

Section 53-11-1 - Extinguishment of contracts--Methods.

Section 53-11-2 - Rescission by party to contract--Grounds.

Section 53-11-3 - Rescission not effected by consent--Accomplishment by use of diligence to comply with rules governing rescission.

Section 53-11-4 - Prompt action by party rescinding on discovery of duress, undue influence, or disability.

Section 53-11-5 - Restoration of everything of value by party rescinding.

Section 53-11-6 - Extinction by destruction or cancellation of contract or signatures by consent.

Section 53-11-7 - Extinction by intentional destruction, cancellation or alteration of contract--Alteration or destruction of duplicate, not to prejudice.