A promise to answer for the obligation of another is deemed an original obligation of the promiser and need not be in writing where the promise is made by one who has received property of another upon an undertaking to apply it pursuant to such promise, or by one who has received a discharge from an obligation in whole or in part in consideration of such promise.

Terms Used In South Dakota Codified Laws 56-1-5

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2

Source: SDC 1939, § 26.0105 (1).