20-2-5. Fulfillment of conditions before requiring performance.
Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself; and must be able, and offer, to fulfill all conditions concurrent, so imposed upon him, on the like fulfillment by the other party, except as provided by §20-2-6.
Source: CivC 1877, §809; CL 1887, §3432; RCivC 1903, §1125; RC 1919, §732; SDC 1939, §47.0109.
Structure South Dakota Codified Laws
Title 20 - Personal Rights and Obligations
Chapter 02 - Conditional Obligations
Section 20-2-1 - Conditional obligation defined.
Section 20-2-2 - Impossible or unlawful condition void.
Section 20-2-3 - Strict interpretation of condition involving forfeiture.
Section 20-2-4 - Kinds and definition of conditions.
Section 20-2-5 - Fulfillment of conditions before requiring performance.
Section 20-2-6 - Performance of conditions waived by notice of nonperformance by other party.