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SOUTH DAKOTA STATUTES AND CODES

Section 57A-2-202 - Final written expression--Parol or extrinsic evidence.

57A-2-202. Final written expression--Parol or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented
(a) By course of performance, course of dealing or usage of trade (§ 57A-1-303); and
(b) By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.

Source: SL 1966, ch 150, § 2-202; SDCL § 57-3-4; SL 2008, ch 259, § 26.

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