53-3-3. Mutuality of consent.
Consent is not mutual unless the parties all agree upon the same thing in the same sense. In certain cases prescribed in the law on interpretation of contracts they are to be deemed so to agree without regard to the fact.
Source: CivC 1877, §891; CL 1887, §3515; RCivC 1903, §1209; RC 1919, §824; SDC 1939, §10.0315.
Structure South Dakota Codified Laws
Chapter 03 - Consent To Contracts
Section 53-3-1 - Essentials of consent.
Section 53-3-2 - Absence of free consent--Contract voidable--Rescission.
Section 53-3-3 - Mutuality of consent.
Section 53-3-4 - Ratification of voidable contract for want of consent.
Section 53-3-5 - Assumption of obligation by acceptance of benefits.