A stipulation that a judgment against the person indemnified shall be conclusive upon the person indemnifying, is inapplicable, unless a contrary intention appears, if the person indemnified had a good defense upon the merits, which, by want of ordinary care, he failed to establish in the action.
S.D. Codified Laws § 56-3-14
Application of stipulation as to conclusiveness of judgment against person indemnified upon indemnitor
Source: SDC 1939, § 31.3107 (7); repealed SL 1966, ch 111, § 5; re-enacted SL 1967, ch 235, § 7 (7).
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.