All objections to the mode of an offer of performance, which the creditor has an opportunity to state at the time to the person making the offer, and which could be then obviated by him, are waived by the creditor, if not then stated.
S.D. Codified Laws § 20-5-15
Waiver by failure to state objections to mode of offer
Applied in 3 court decisions — leading case American Federal Savings & Loan Ass'n of Madison v. Mid-America Service Corp. (1983)
Most recently applied in Stromberger Farms, Inc. v. Johnson (April 2020)
Source: CivC 1877, § 850; CL 1887, § 3474; RCivC 1903, § 1167; RC 1919, § 774; SDC 1939, § 47.0223.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.