20-3-4. Selection of alternative if not exercised by party having right.
If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation for that purpose, or, if none is so fixed, before the time at which the obligation ought to be performed, the right of selection passes to the other party.
Source: CivC 1877, §814; CL 1887, §3437; RCivC 1903, §1130; RC 1919, §737; SDC 1939, §47.0114.
Structure South Dakota Codified Laws
Title 20 - Personal Rights and Obligations
Chapter 03 - Alternative Obligations
Section 20-3-1 - Alternative obligation defined--Right of selection.
Section 20-3-2 - Unlawful or impossible alternative disregarded.
Section 20-3-3 - Selection of alternative in entirety.
Section 20-3-4 - Selection of alternative if not exercised by party having right.