A contract not in writing may be altered in any respect by consent of the parties, in writing, without a new consideration, and is extinguished thereby to the extent of the alteration.
S.D. Codified Laws § 53-8-6
Oral contract--Alteration in writing by consent of parties
Applied in 5 court decisions — leading case Mash v. Cutler (1992)
Most recently applied in Baker v. Masco Builder Cabinet Group, Inc. (December 2012)
Source: CivC 1877, § 968; CL 1887, § 3592; RCivC 1903, § 1286; RC 1919, § 907; SDC 1939, § 10.0805.
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.