20-5-19. Retention by creditor of thing not accepted as performance.
If anything is given to a creditor by way of performance, which he refuses to accept as such, he is not bound to return it without demand; but if he retains it, he is gratuitous depository thereof.
Source: CivC 1877, §854; CL 1887, §3478; RCivC 1903, §1172; RC 1919, §779; SDC 1939, §47.0228.
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.