53-8-3. Contract not in writing through fraud--Enforcement against fraudulent party.
Where a contract which is required by law to be in writing is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing and acts upon such belief to his prejudice may enforce it against the fraudulent party.
Source: CivC 1877, §919; CL 1887, §3543; RCivC 1903, §1237; RC 1919, §854; SDC 1939, §10.0603.