Part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in writing in satisfaction, or rendered in pursuance of an agreement in writing for that purpose, though without any new consideration, extinguishes the obligation.
S.D. Codified Laws § 20-7-4
Obligation extinguished by part performance accepted in writing as satisfaction
Applied in 11 court decisions — leading case Discover Bank v. Stanley (2008)
Most recently applied in Berwald v. Stan's, Inc. (July 2025)
Source: CivC 1877, § 862; CL 1887, § 3486; RCivC 1903, § 1180; RC 1919, § 787; SDC 1939, § 47.0236.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.