Section 43-37-8 - Lender of thing for use--Right to require return--Indemnification of borrower for loss. - South Dakota Statutes

43-37-8. Lender of thing for use--Right to require return--Indemnification of borrower for loss. The lender of a thing for use may require the return thereof at any time, even though he lent it for a specified time or purpose, unless on the faith of the loan agreement the borrower has made such arrangements that a return of the thing before the time agreed upon or before the accomplishment of the specific purpose would cause him loss exceeding the benefit derived by him from the loan. If in such event the lender compels return before time, the borrower not having in any manner violated his duty, the lender must indemnify the borrower for such loss.

Source: CivC 1877, § 1084; CL 1887, § 3708; RCivC 1903, § 1404; RC 1919, § 1027; SDC 1939, § 38.0210.