A guaranty is to be deemed unconditional unless its terms import some condition precedent to the liability of the guarantor.
S.D. Codified Laws § 56-1-15
Construction of guaranty--Unconditional in absence of terms importing condition precedent
Applied in 2 court decisions — leading case International Multifoods Corp. v. Mardian (1985)
Most recently applied in 529 F. Supp. 2d 1061 - American Prairie Construction Co. v. Tri-State Financial, LLC (December 2007)
Source: SDC 1939, § 26.0109.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.