53-6-10. Effect of impossibility of ascertaining consideration--Possible of execution on face.
Where a contract provides an exclusive method by which its consideration is to be ascertained, which method appears possible on its face but in fact is or becomes impossible of execution, such provision only is void.
Source: CivC 1877, §914; CL 1887, §3538; RCivC 1903, §1232; RC 1919, §847; SDC 1939, §10.0505.
Structure South Dakota Codified Laws
Chapter 06 - Consideration For Contracts
Section 53-6-1 - Good consideration, acts constituting.
Section 53-6-2 - Legal or moral obligation as good consideration.
Section 53-6-3 - Instrument as evidence of consideration.
Section 53-6-4 - Burden of proof to invalidate sufficient consideration.
Section 53-6-5 - Lawful consideration required.
Section 53-6-6 - Illegality of consideration, effect.
Section 53-6-8 - Executory consideration--Determination of amount.
Section 53-6-9 - Impossibility of ascertaining consideration, effect.