2011 South Dakota Code
Title 21 JUDICIAL REMEDIES
Chapter 02. Damages For Breach Of Contract
§21-2-5 Damages for breach of covenant in grant of real property.
21-2-5. Damages for breach of covenant in grant of real property. The detriment caused by the breach of a covenant of seizin, of right to convey, or warranty, or of quiet enjoyment, in a grant of an estate in real property, is deemed to be:
(1) The price paid to the grantor, or if the breach is partial only, such proportion of the price as the value of the property affected by the breach bore, at the time of the grant, to the value of the whole property;
(2) Interest thereon for the time during which the grantee derived no benefit from the property, not exceeding six years;
(3) Any expenses properly incurred by the covenantee in defending his possession.
Source: CivC 1877, § 1951; CL 1887, § 4584; RCivC 1903, § 2296; RC 1919, § 1968; SDC 1939 & Supp 1960, § 37.1803.
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