Rescission, when not effected by consent can be accomplished only by the use, on the part of the party rescinding, of reasonable diligence to comply with §§ 53-11-4 and 53-11-5.
S.D. Codified Laws § 53-11-3
Rescission not effected by consent--Accomplishment by use of diligence to comply with rules governing rescission
Applied in 3 court decisions — leading case Vermilyea v. BDL Enterprises, Inc. (1990)
Most recently applied in US Lumber, Inc. v. Fisher (October 1994)
Source: CivC 1877, § 967; CL 1887, § 3591; RCivC 1903, § 1285; RC 1919, § 906; SDC 1939, § 10.0804.
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.