An employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to the employee of:

(1) Death of the employer; or

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(2) Legal incapacity of the employer to contract.

Source: CivC 1877, § 1150; CL 1887, § 3773; RCivC 1903, § 1469; RC 1919, § 1093; SDC 1939, § 17.0402; SL 2008, ch 276, § 26.