There is a newer version of the South Dakota Codified Laws
2010 South Dakota Code
Title 20 - PERSONAL RIGHTS AND OBLIGATIONS
Chapter 06 - Excuses For Want Of Performance
Section 20-6-6 - Debtor entitled to portion of benefits when performance prevented other than by creditor.
20-6-6. Debtor entitled to portion of benefits when performance prevented other than by creditor. If performance of an obligation is prevented by any cause excusing performance, other than the act of the creditor, the debtor is entitled to a ratable proportion of the consideration to which he would have been entitled upon full performance according to the benefit which the creditor receives from the actual performance.Source: CivC 1877, § 857; CL 1887, § 3481; RCivC 1903, § 1175; RC 1919, § 782; SDC 1939, § 47.0231.
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