21-2-1. General measure of damages for breach of contract–Uncertain damages not recovered. For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course […]
21-2-10. Damages for carrier’s delay in delivery of freight. The detriment caused by breach of a carrier’s obligation by delay in delivery of freight, is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation, if any, in the market value thereof, otherwise than by reason […]
21-2-2. Damages for breach of obligation to pay money. The detriment caused by the breach of an obligation to pay money only is deemed to be the amount due by the terms of the obligation with interest thereon. Source: CivC 1877, §1949; CL 1887, §4582; RCivC 1903, §2294; RC 1919, §1967; SDC 1939 & Supp […]
21-2-3. Damages for breach of agreement to convey real property. The detriment caused by the breach of an agreement to convey an estate in real property is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case […]
21-2-4. Damages for breach of agreement to purchase real property. The detriment caused by the breach of an agreement to purchase an estate in real property, is deemed to be the excess, if any, of the amount which would have been due to the seller under the contract, over the value of the property to […]
21-2-5. Damages for breach of covenant in grant of real property. The detriment caused by the breach of a covenant of seizin, of right to convey, or warranty, or of quiet enjoyment, in a grant of an estate in real property, is deemed to be: (1)The price paid to the grantor, or if the breach […]
21-2-6. Damages for breach of covenant against encumbrances. The detriment caused by the breach of a covenant against encumbrances, in a grant of an estate in real property, is deemed to be the amount which has been actually expended by the covenantee in extinguishing either the principal or interest thereof; not exceeding in the former […]
21-2-7. Damages for breach of warranty of agent’s authority. The detriment caused by the breach of a warranty of an agent’s authority is deemed to be the amount which could have been recovered and collected from his principal if the warranty had been complied with, and the reasonable expenses of legal proceedings taken, in good […]
21-2-8. Damages for carrier’s failure to accept freight, messages or passengers. The detriment caused by breach of a carrier’s obligation by failure to accept freight, messages, or passengers, is deemed to be the difference between the amount he had a right to charge for the carriage and the amount it would be necessary to pay […]
21-2-9. Damages for carrier’s failure to deliver freight. The detriment caused by breach of a carrier’s obligation by failure to deliver freight, where he has not converted it to his own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the […]
