When a debtor is entitled to the performance of a condition precedent to, or concurrent with, performance on his part, he may make his offer to depend upon the due performance of such condition.
S.D. Codified Laws § 20-5-13
Conditional offer permitted
Applied in 1 court decision — leading case American Federal Savings & Loan Ass'n of Madison v. Mid-America Service Corp. (1983)
Most recently applied in American Federal Savings & Loan Ass'n of Madison v. Mid-America Service Corp. (January 1983)
Source: CivC 1877, § 847; CL 1887, § 3471; RCivC 1903, § 1164; RC 1919, § 771; SDC 1939, § 47.0221.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.