US Lawyer Database

53-6-4. Burden of proof to invalidate sufficient consideration.

The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it.

Source: CivC 1877, §914; CL 1887, §3538; RCivC 1903, §1232; RC 1919, §849; SDC 1939, §10.0510.