South Dakota Statutes
§ 21-9-5 — Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.
South Dakota § 21-9-5
This text of South Dakota § 21-9-5 (Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.) 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 § 21-9-5 (2026).
Text
Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except when his failure to perform is only partial, and either entirely immaterial or capable of being fully compensated; in which case specific performance may be compelled, upon full compensation being made for the default.
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Related
Talley v. Talley
1997 SD 88 (South Dakota Supreme Court, 1997)
Cook v. Rezek
237 N.W.2d 18 (South Dakota Supreme Court, 1975)
Legislative History
CivC 1877, § 2001; CL 1887, § 4634; RCivC 1903, § 2346; RC 1919, § 2017; SDC 1939 & Supp 1960, § 37.4605.
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Repealed§ 21-1-13
Repealed§ 21-1-13.2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 § 21-9-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-9-5.