A contract is either express or implied.
An express contract is one, the terms of which are stated in words.
An implied contract is one, the existence and terms of which are manifested by conduct.
S.D. Codified Laws § 53-1-3
Contracts, express or implied--Express contract defined--Implied contract defined
Applied in 29 court decisions — leading case Weitzel v. Sioux Valley Heart Partners (2006)
Most recently applied in Goeden v. Goeden (August 2024)
Source: CivC 1877, §§ 915 to 917; CL 1887, §§ 3539 to 3541; RCivC 1903, §§ 1233 to 1235; RC 1919, §§ 850 to 852; SDC 1939, § 10.0601.
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.