A contract in writing may be altered by a contract in writing without a new consideration or by an executed oral agreement, and not otherwise.
S.D. Codified Laws § 53-8-7
Alteration of written contract without new consideration
Applied in 20 court decisions — leading case Ralph E. Mueller and Eugene D. Devane, Appellees-Cross-Appellants v. Hubbard Milling Company, Appellant-Cross-Appellee (1978)
Most recently applied in Suvada v. Muller (December 2022)
Source: CivC 1877, § 969; CL 1887, § 3593; RCivC 1903, § 1287; RC 1919, § 908; SDC 1939, § 10.0806.
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.