Rescission cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be restored to substantially the same condition as if the contract had not been made.
S.D. Codified Laws § 21-12-2
Restoration to original condition required on rescission for mistake
Applied in 3 court decisions — leading case Skoglund v. Staab (1981)
Most recently applied in Carnicle v. Swann (January 1982)
Source: CivC 1877, § 2009; CL 1887, § 4642; RCivC 1903, § 2354; RC 1919, § 2025; SDC 1939 & Supp 1960, § 37.0702.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.