South Dakota Statutes
§ 20-4-5 — Indivisible obligation partially extinguished by partial performance if benefit voluntarily retained--Exception.
South Dakota § 20-4-5
This text of South Dakota § 20-4-5 (Indivisible obligation partially extinguished by partial performance if benefit voluntarily retained--Exception.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 20-4-5 (2026).
Text
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.
Free access — add to your briefcase to read the full text and ask questions with AI
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.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 20-4-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/20-4-5.