The obligation of a guarantor must be neither larger in amount nor in other respects more burdensome than that of the principal, and if in its terms it exceeds it, it is reducible in proportion to the principal obligation.
S.D. Codified Laws § 56-1-18
Obligations of guarantor--Scope and limitations
Applied in 3 court decisions — leading case Richter v. Industrial Finance Co. Inc. (1974)
Most recently applied in International Multifoods Corp. v. Mardian (December 1985)
Source: SDC 1939, § 26.0112.
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.