The intentional destruction, cancellation, or material alteration of a written contract by a party entitled to any benefit under it, or with his consent, extinguishes all the executory obligations of the contract in his favor against parties who do not consent to the act. Where a contract is executed in duplicate, an alteration or destruction of one copy while the other exists is not within the provisions of this section.

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Terms Used In South Dakota Codified Laws 53-11-7

  • Contract: A legal written agreement that becomes binding when signed.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

Source: CivC 1877, §§ 971, 972; CL 1887, §§ 3595, 3596; RCivC 1903, §§ 1289, 1290; RC 1919, §§ 910, 911; SDC 1939, § 10.0808.