Section 53-3-1 - Essentials of consent.
53-3-1. Essentials of consent. Consent of the parties to a contract must be:
(1) Free;
(2) Mutual; and
(3) Communicated by each to the other.
Source: CivC 1877, § 876; CL 1887, § 3500; RCivC 1903, § 1194; RC 1919, § 809; SDC 1939, § 10.0301.