21-11-1. Fraud or mistake as ground for revision. When through fraud or mutual mistake of the parties, or a mistake of one party which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved […]
21-11-2. Presumption of intent to make equitable agreement. For the purpose of revising a contract it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement. Source: CivC 1877, §2005; CL 1887, §4638; RCivC 1903, §2350; RC 1919, §2021; Supreme Court Rule 563, 1939; SDC 1939 & Supp 1960, […]
21-11-3. Intent considered in revising instrument–Court not restricted by language. In revising a written instrument, the court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be. Source: CivC 1877, […]
21-11-4. Revision and specific enforcement in combined or separate proceedings. A contract may be revised and specifically enforced in one proceeding or in separate proceedings. Source: CivC 1877, §2007; CL 1887, §4640; RCivC 1903, §2352; RC 1919, §2023; SDC 1939 & Supp 1960, §37.0604.
