There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 21 JUDICIAL REMEDIES
Chapter 01. Actions For Damages Generally
§21-1-5 Damages for breach of obligation not to exceed gain from full performance--Exceptions.
SD Codified L § 21-1-5 (through 2011) What's This?
21-1-5. Damages for breach of obligation not to exceed gain from full performance--Exceptions. Notwithstanding the provisions of these statutes, no person can recover a greater amount in damages for the breach of an obligation than he could have gained by the full performance thereof on both sides, except in the cases specified in statutes providing exemplary damages or penal damages, and in statutes relating to damages for breach of promise to marry, for seduction, or wrongful injuries to animals.
Source: CivC 1877, § 1984; CL 1887, § 4617; RCivC 1903, § 2329; RC 1919, § 2001; SDC 1939 & Supp 1960, § 37.1706.
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