Consent is not mutual unless the parties all agree upon the same thing in the same sense. In certain cases prescribed in the law on interpretation of contracts they are to be deemed so to agree without regard to the fact.
S.D. Codified Laws § 53-3-3
Mutuality of consent
Applied in 18 court decisions — leading case Behrens v. Wedmore (2005)
Most recently applied in Paweltzki v. Paweltzki (September 2021)
Source: CivC 1877, § 891; CL 1887, § 3515; RCivC 1903, § 1209; RC 1919, § 824; SDC 1939, § 10.0315.
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.