Novation is made by the substitution of a new obligation between the same parties, with intent to extinguish the old obligation.
S.D. Codified Laws § 20-7-6
Novation by substitution of obligation
Applied in 4 court decisions — leading case Ducheneaux v. Miller (1992)
Most recently applied in Baker v. Masco Builder Cabinet Group, Inc. (December 2012)
Source: CivC 1877, § 864, subdiv 1; CL 1887, § 3488, subdiv 1; RCivC 1903, § 1182, subdiv 1; RC 1919, § 789 (1); SDC 1939, § 47.0238 (1).
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.