Section 56-2-12 - Liability of surety limited by express terms of contract--Penalty for breach.
56-2-12. Liability of surety limited by express terms of contract--Penalty for breach. 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.
Source: SDC 1939, § 26.0202.