The detriment caused by the breach of an agreement to purchase an estate in real property, is deemed to be the excess, if any, of the amount which would have been due to the seller under the contract, over the value of the property to him.
S.D. Codified Laws § 21-2-4
Damages for breach of agreement to purchase real property
Applied in 2 court decisions — leading case Munderloh v. Seastrom (1978)
Most recently applied in John E. Barta and Donna F. Barta v. Daniel R. Crow (July 1987)
Source: CivC 1877, § 1954; CL 1887, § 4587; RCivC 1903, § 2299; RC 1919, § 1971; SDC 1939 & Supp 1960, § 37.1806.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.