Contracts, express or implied--Express contract defined--Implied contract defined.

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  5. Contracts, express or implied--Express contract defined--Implied contract defined.

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53-1-3. Contracts, express or implied--Express contract defined--Implied contract defined.

A contract is either express or implied.

An express contract is one, the terms of which are stated in words.

An implied contract is one, the existence and terms of which are manifested by conduct.

Source: CivC 1877, §§915 to 917; CL 1887, §§3539 to 3541; RCivC 1903, §§1233 to 1235; RC 1919, §§850 to 852; SDC 1939, §10.0601.


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