An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.
S.D. Codified Laws § 20-5-10
Ability and willingness to perform required for offer
Applied in 1 court decision — leading case Adrian v. McKinnie (2004)
Most recently applied in Adrian v. McKinnie (June 2004)
Source: CivC 1877, § 844; CL 1887, § 3468; RCivC 1903, § 1161; RC 1919, § 768; SDC 1939, § 47.0218.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.