20-10-2. Acts constituting deceit.A deceit within the meaning of §20-10-1 is either:(1)The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;(2)The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true;(3)The suppression of a fact by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or(4)A promise made without any intention of performing. Source: CivC 1877, §975; CL 1887, §3599; RCivC 1903, §1293; RC 1919, §797; SDC 1939, §47.0402.
South Dakota Legal Code