There is a newer version of the South Dakota Codified Laws
2016 South Dakota Codified Laws
Title 20 - PERSONAL RIGHTS AND OBLIGATIONS
Chapter 05 - Offer Of Performance Of Obligations
§ 20-5-10 Ability and willingness to perform required for offer.
SD Codified L § 20-5-10 (2016) What's This?
20-5-10. Ability and willingness to perform required for offer. An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.
Source: CivC 1877, § 844; CL 1887, § 3468; RCivC 1903, § 1161; RC 1919, § 768; SDC 1939, § 47.0218.
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