Want of performance, or of an offer of performance, or any delay therein, is excused when the debtor is induced not to make it, by any act of the creditor intended or naturally tending to have that effect, done at or before the time at which such performance or offer may be made, and not rescinded before that time.
S.D. Codified Laws § 20-6-3
Want or delay of performance excused by creditor's act inducing nonperformance
Applied in 1 court decision — leading case Schmidt v. Iowa Beef Processors, Inc. (1984)
Most recently applied in Schmidt v. Iowa Beef Processors, Inc. (May 1984)
Source: CivC 1877, § 855, subdiv 3; CL 1887, § 3479, subdiv 3; RCivC 1903, § 1173, subdiv 3; RC 1919, § 780 (3); SDC 1939, § 47.0229 (3).
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.