Section 43-34-7 – Thing made from material of another–Ownership–Value of workmanship and material–Reimbursement.
43-34-7. Thing made from material of another–Ownership–Value of workmanship and material–Reimbursement. If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker […]
Section 43-34-8 – Common ownership provisions not applicable to willful use of materials of another without his consent–Ownership of product by owner of materials–Tracing identity.
43-34-8. Common ownership provisions not applicable to willful use of materials of another without his consent–Ownership of product by owner of materials–Tracing identity. Sections 43-34-2 to 43-34-7, inclusive, are not applicable to cases in which one willfully uses the materials of another without his consent; but, in such cases, the product belongs to the owner […]
Section 43-34-9 – Owner of material used without knowledge to form new product claiming interest in product–Demand for restitution or value of product.
43-34-9. Owner of material used without knowledge to form new product claiming interest in product–Demand for restitution or value of product. In all cases where one whose material has been used without his knowledge, in order to form a product of a different description, can claim an interest in such product, he has an option […]
Section 43-34-10 – Wrongful employment of materials of another–Liability for damage.
43-34-10. Wrongful employment of materials of another–Liability for damage. One who wrongfully employs materials belonging to another is liable to him in damages, as well as under the foregoing provisions of this chapter. Source: CivC 1877, §598; CL 1887, §3221; RCivC 1903, §914; RC 1919, §516; SDC 1939, §51.1207.
Section 43-34-11 – Taking possession of thing to render service about it–Rights and duties of person rendering service.
43-34-11. Taking possession of thing to render service about it–Rights and duties of person rendering service. One who officiously, and without the consent of the real or apparent owner of a thing, takes it into his possession, for the purpose of rendering a service about it, must complete such service and use ordinary care, diligence, […]
Section 43-34-1 – Ownership of things–Extent–Products and accessions.
43-34-1. Ownership of things–Extent–Products and accessions. The owner of a thing owns also all its products and accessions. Source: CivC 1877, §209; CL 1887, §2725; RCivC 1903, §232; RC 1919, §302; SDC 1939, §51.0203.
Section 43-34-2 – Effect of uniting things of different owners–Inseparable without injury–Ownership–Duties of owner.
43-34-2. Effect of uniting things of different owners–Inseparable without injury–Ownership–Duties of owner. When things belonging to different owners have been united so as to form a single thing and cannot be separated without injury, the whole belongs to the owner of the thing which forms the principal part, who must, however, reimburse the value of […]
Section 43-34-3 – Principal part of thing which has been united–Definition–Necessity for separation and return to original owner.
43-34-3. Principal part of thing which has been united–Definition–Necessity for separation and return to original owner. For the purposes of §43-34-2, that part is to be deemed the principal to which the other has been united only for the use, ornament, or completion of the former, unless the latter is the more valuable and has […]
Section 43-34-4 – Uniting things of different owners–Absence of principal part–Value or bulk as determinable factor.
43-34-4. Uniting things of different owners–Absence of principal part–Value or bulk as determinable factor. If neither part can be considered the principal within the rule prescribed by §43-34-3, the more valuable, or if the values are nearly equal, the more considerable in bulk, is to be deemed the principal part. Source: CivC 1877, §592; CL […]
Section 43-34-5 – Use of materials of different owners to form a thing of new description–Inseparable without inconvenience–Common ownership.
43-34-5. Use of materials of different owners to form a thing of new description–Inseparable without inconvenience–Common ownership. When one has made use of materials which in part belong to him and in part to another, in order to form a thing of a new description without having destroyed any of the materials but in such […]