South Dakota Statutes
§ 20-4-5 — Indivisible obligation partially extinguished by partial performance if benefit voluntarily retained--Exception.
A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof, if the benefit of such performance is voluntarily retained by the creditor, but not otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaining it, without injuring his own property, his retention thereof is not presumed to be voluntary.
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South Dakota § 20-4-5 (Indivisible obligation partially extinguished by partial performance if benefit voluntarily retained--Exception.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
CivC 1877, § 831; CL 1887, § 3455; RCivC 1903, § 1148; RC 1919, § 755; SDC 1939, § 47.0205.
Nearby Sections
15
§ 20-1-1
Obligation defined.§ 20-1-2
Origin of obligations.§ 20-10-2
Acts constituting deceit.§ 20-10A-1
Definition of terms.§ 20-10A-2
Cause of action for damages.§ 20-10A-3
Liability for damages.§ 20-10A-4
Limitation on actions for damages.§ 20-11-2
Classes of defamation.