53-8-2. Contracts required to be in writing--Statute of frauds.The following contracts are not enforceable by action unless the contract or some memorandum thereof is in writing and subscribed by the party to be charged or his agent, as authorized in writing:(1)An agreement that by its terms is not to be performed within a year from the making thereof;(2)An agreement made upon consideration of marriage, other than a mutual promise to marry;(3)An agreement for sale of real estate or an interest therein, or lease of the same, for a period longer than one year. However, this does not abridge the power of any court to compel specific performance of any agreement for sale of real estate in case of part performance thereof; and(4)An agreement for a loan of money or for an extension of credit, which agreement may be enforced by a beneficiary for whom the agreement was made, including, but not limited to, vendors of agricultural goods, services or products. A loan or an extension of credit made pursuant to §51A-12-12 or chapter 54-11 is specifically exempt from the provisions of this section. ited to, vendors of agricultural goods, services or products. A loan or an extension of credit made pursuant to §51A-12-12 or chapter 54-11 is specifically exempt from the provisions of this section. Source: CivC 1877, §§920, 993; CL 1887, §§3544, 3617; RCivC 1903, §§1238, 1311; RC 1919, §§855, 856; SDC 1939, §10.0605; SL 1985, ch 381. 53-8-2. Contracts required to be in writing--Statute of frauds.The following contracts are not enforceable by action unless the contract or some memorandum thereof is in writing and subscribed by the party to be charged or his agent, as authorized in writing:(1)An agreement that by its terms is not to be performed within a year from the making thereof;(2)An agreement made upon consideration of marriage, other than a mutual promise to marry;(3)An agreement for sale of real estate or an interest therein, or lease of the same, for a period longer than one year. However, this does not abridge the power of any court to compel specific performance of any agreement for sale of real estate in case of part performance thereof; and(4)An agreement for a loan of money or for an extension of credit, which agreement may be enforced by a beneficiary for whom the agreement was made, including, but not limited to, vendors of agricultural goods, services or products. A loan or an extension of credit made pursuant to §51A-12-12 or chapter 54-11 is specifically exempt from the provisions of this section. ited to, vendors of agricultural goods, services or products. A loan or an extension of credit made pursuant to §51A-12-12 or chapter 54-11 is specifically exempt from the provisions of this section. Source: CivC 1877, §§920, 993; CL 1887, §§3544, 3617; RCivC 1903, §§1238, 1311; RC 1919, §§855, 856; SDC 1939, §10.0605; SL 1985, ch 381.
South Dakota Legal Code