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2018 South Dakota Codified Laws
Title 20 - PERSONAL RIGHTS AND OBLIGATIONS
Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations
§ 20-7-9 Rescission of satisfaction by substitution of debtor.
Universal Citation: SD Codified L § 20-7-9 (2018)
20-7-9. Rescission of satisfaction by substitution of debtor. When the obligation of a third person on an order upon such person is accepted in satisfaction, the creditor may rescind such acceptance if the debtor prevents such person from complying with the order, or from fulfilling the obligation; or if, at the time the obligation or order is received, such person is insolvent, and this fact is unknown to the creditor; or if, before the creditor can with reasonable diligence present the order to the person upon whom it is given, he becomes insolvent.
Source: CivC 1877, § 866; CL 1887, § 3490; RCivC 1903, § 1184; RC 1919, § 791; SDC 1939, § 47.0239.
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