When a consideration is executory, it is not indispensable that the contract should specify its amount or the means of ascertaining it. It may be left to the decision of a third person or regulated by any specific standard.
S.D. Codified Laws § 53-6-8
Executory consideration--Determination of amount
Source: CivC 1877, § 911; CL 1887, § 3535; RCivC 1903, § 1229; RC 1919, § 844; SDC 1939, § 10.0508.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.