53-3-1. Essentials of consent.
Consent of the parties to a contract must be:
(1)Free;
(2)Mutual; and
(3)Communicated by each to the other.
Source: CivC 1877, §876; CL 1887, §3500; RCivC 1903, §1194; RC 1919, §809; SDC 1939, §10.0301.