20-2-6. Performance of conditions waived by notice of nonperformance by other party.
If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract such notice before the time at which performance upon his part is due, such other party is entitled to enforce the obligation without previously performing, or offering to perform, any conditions on his part, in favor of the former party.
Source: CivC 1877, §810; CL 1887, §3433; RCivC 1903, §1126; RC 1919, §733; SDC 1939, §47.0110.
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.