53-4-10. Mistake of law defined.
A mistake of law in relation to consent to contract constitutes a mistake resulting in voidable consent only when it arises from:
(1)A misapprehension of the law by all parties, all supposing that they knew and understood it and all making substantially the same mistake as to the law; or
(2)A misapprehension of the law by one party of which the others are aware at the time of contracting, but which they do not rectify.
Source: CivC 1877, §889; CL 1887, §3513; RCivC 1903, §1207; RC 1919, §822; SDC 1939, §10.0313.