S.D. Codified Laws § 56-2-12 (2026) – Liability of surety limited by express terms of contract--Penalty for breach. | Midpage
§ 56-2-12
S.D. Codified Laws § 56-2-12 (2026)
Liability of surety limited by express terms of contract--Penalty for breach.
SDC 1939, § 26.0202.
A surety cannot be held beyond the express terms of his contract, and if such contract prescribes a penalty for its breach, he cannot in any case be liable for more than the penalty.