53-2-1. Persons capable of contracting. All persons are capable of contracting except minors, persons of unsound mind, and persons deprived of civil rights. Source: CivC 1877, §872; CL 1887, §3496; RCivC 1903, §1190; RC 1919, §805; SDC 1939, §10.0201.
53-2-2. Minors and persons of unsound mind–Capacity to contract. Minors and persons of unsound mind have only such capacity as is specified in the statutes relating to such persons. Source: CivC 1877, §873; CL 1887, §3497; RCivC 1903, §1191; RC 1919, §806; SDC 1939, §10.0202.
53-2-3. Identification of parties necessary to validity. If the parties cannot be identified, a contract is invalid. Source: CivC 1877, §874; CL 1887, §3498; RCivC 1903, §1192; RC 1919, §807; SDC 1939, §10.0203.
53-2-4. Joint and several contracts. Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several. Source: CivC 1877, §950; CL 1887, §3574; RCivC 1903, §1268; RC 1919, §889; SDC 1939, §10.0104.
53-2-5. Promise in singular number–Execution by several persons. A promise made in the singular number but executed by several persons is presumed to be joint and several. Source: CivC 1877, §951; CL 1887, §3575; RCivC 1903, §1269; RC 1919, §890; SDC 1939, §10.0105.
53-2-6. Contract for benefit of third person–Enforcement by beneficiary, limitation of time. A contract made expressly for the benefit of a third person may be enforced by him at any time before the parties thereto rescind it. Source: CivC 1877, §875; CL 1887, §3499; RCivC 1903, §1193; RC 1919, §808; SDC 1939, §10.0204.
