Essential elements of contract.

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53-1-2. Essential elements of contract.

Elements essential to existence of a contract are:

(1)Parties capable of contracting;

(2)Their consent;

(3)A lawful object; and

(4)Sufficient cause or consideration.

Source: CivC 1877, §871; CL 1887, §3495; RCivC 1903, §1189; RC 1919, §804; SDC 1939, §10.0102.


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