2016 South Dakota Codified Laws
Title 20 - PERSONAL RIGHTS AND OBLIGATIONS
Chapter 04 - Performance Of Obligations
§ 20-4-5 Indivisible obligation partially extinguished by partial performance if benefit voluntarily retained--Exception.
20-4-5. Indivisible obligation partially extinguished by partial performance if benefit voluntarily retained--Exception. A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof, if the benefit of such performance is voluntarily retained by the creditor, but not otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaining it, without injuring his own property, his retention thereof is not presumed to be voluntary.
Source: CivC 1877, § 831; CL 1887, § 3455; RCivC 1903, § 1148; RC 1919, § 755; SDC 1939, § 47.0205.
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