53-8-3. Contract not in writing through fraud--Enforcement against fraudulent party.
Where a contract which is required by law to be in writing is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing and acts upon such belief to his prejudice may enforce it against the fraudulent party.
Source: CivC 1877, §919; CL 1887, §3543; RCivC 1903, §1237; RC 1919, §854; SDC 1939, §10.0603.
Structure South Dakota Codified Laws
Chapter 08 - Oral And Written Contracts
Section 53-8-1 - Contracts which may be oral.
Section 53-8-2 - Contracts required to be in writing--Statute of frauds.
Section 53-8-3 - Contract not in writing through fraud--Enforcement against fraudulent party.
Section 53-8-5 - Execution of contract in writing supersedes oral negotiations or stipulations.
Section 53-8-6 - Oral contract--Alteration in writing by consent of parties.
Section 53-8-7 - Alteration of written contract without new consideration.