If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that he has paid.

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Terms Used In South Dakota Codified Laws 43-26-6

  • Contract: A legal written agreement that becomes binding when signed.

Source: SL 1937, ch 258, § 1; SDC 1939 & Supp 1960, § 37.1807 (1).