§ 56-3-9 — Indemnity against claims, demands or damages--Recovery by person indemnified, payment required.

Upon an indemnity against claims or demands, or damages or costs expressly, or in equivalent terms, unless a contrary intention appears, the person indemnified is not entitled to recover without payment thereof.

Legislative History

SDC 1939, § 31.3107 (2); repealed SL 1966, ch 111, § 5; re