20-5-15. Waiver by failure to state objections to mode of offer.
All objections to the mode of an offer of performance, which the creditor has an opportunity to state at the time to the person making the offer, and which could be then obviated by him, are waived by the creditor, if not then stated.
Source: CivC 1877, §850; CL 1887, §3474; RCivC 1903, §1167; RC 1919, §774; SDC 1939, §47.0223.
Structure South Dakota Codified Laws
Title 20 - Personal Rights and Obligations
Chapter 05 - Offer Of Performance Of Obligations
Section 20-5-1 - Obligation extinguished by offer of performance.
Section 20-5-2 - Offer of partial performance.
Section 20-5-3 - Offer of performance made by or on behalf of debtor.
Section 20-5-4 - Offer of performance made to creditor or authorized person.
Section 20-5-5 - Place of offer of performance.
Section 20-5-6 - Time of offer of performance.
Section 20-5-7 - Delayed offer of performance with compensation for delay.
Section 20-5-8 - Good faith offer required.
Section 20-5-9 - Offer to be free from conditions.
Section 20-5-10 - Ability and willingness to perform required for offer.
Section 20-5-11 - Tender of delivery not required until offer accepted.
Section 20-5-12 - Thing offered to be separable.
Section 20-5-13 - Conditional offer permitted.
Section 20-5-14 - Receipt for property delivered in performance.
Section 20-5-15 - Waiver by failure to state objections to mode of offer.
Section 20-5-16 - Passage of title to thing offered in performance.
Section 20-5-17 - Retention of thing offered until acceptance by creditor.
Section 20-5-18 - Interest stopped by offer of performance.
Section 20-5-19 - Retention by creditor of thing not accepted as performance.