There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 21 JUDICIAL REMEDIES
Chapter 09. Actions For Specific Performance
§21-9-5 Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.
SD Codified L § 21-9-5 (through 2011) What's This?
21-9-5. Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults. Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except when his failure to perform is only partial, and either entirely immaterial or capable of being fully compensated; in which case specific performance may be compelled, upon full compensation being made for the default.
Source: CivC 1877, § 2001; CL 1887, § 4634; RCivC 1903, § 2346; RC 1919, § 2017; SDC 1939 & Supp 1960, § 37.4605.
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