Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself; and must be able, and offer, to fulfill all conditions concurrent, so imposed upon him, on the like fulfillment by the other party, except as provided by § 20-2-6.
S.D. Codified Laws § 20-2-5
Fulfillment of conditions before requiring performance
Applied in 1 court decision — leading case Dale v. Pelton (1985)
Most recently applied in Dale v. Pelton (March 1985)
Source: CivC 1877, § 809; CL 1887, § 3432; RCivC 1903, § 1125; RC 1919, § 732; SDC 1939, § 47.0109.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.