South Dakota Statutes
§ 21-9-4 — Mutuality of remedy or full performance by plaintiff required for specific performance.
South Dakota § 21-9-4
This text of South Dakota § 21-9-4 (Mutuality of remedy or full performance by plaintiff required for specific performance.) 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 § 21-9-4 (2026).
Text
Neither party to an obligation can be compelled specifically to perform it, unless the other party thereto has performed, or is compellable specifically to perform, everything to which the former is entitled under the same obligation, either completely or nearly so, together with full compensation for any want of entire performance.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Jensen v. Weyrens
474 N.W.2d 261 (South Dakota Supreme Court, 1991)
Endres v. Warriner
307 N.W.2d 146 (South Dakota Supreme Court, 1981)
O'Brien v. R-J Development Corp.
387 N.W.2d 521 (South Dakota Supreme Court, 1986)
National Boulevard Bank of Chicago v. Makens
370 N.W.2d 183 (South Dakota Supreme Court, 1985)
Legislative History
CivC 1877, § 1995; CL 1887, § 4628; RCivC 1903, § 2340; RC 1919, § 2011; SDC 1939 & Supp 1960, § 37.4604.
Nearby Sections
15
§ 21-1-11
Repealed§ 21-1-13
Repealed§ 21-1-13.2
Application of interest statutes.§ 21-1-14
Liability of issuer of bad check for collection costs--Costs included in restitution award.§ 21-1-15
Definitions.§ 21-1-3
Damages to be reasonable.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 21-9-4, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-9-4.