20-5-7. Delayed offer of performance with compensation for delay.
Where delay in performance is capable of exact and entire compensation, and time has not been expressly declared to be of the essence of the obligation, an offer of performance accompanied with an offer of such compensation, may be made at any time after it is due, but without prejudice to any rights acquired by the creditor or by any other person in the meantime.
Source: CivC 1877, §841; CL 1887, §3465; RCivC 1903, §1158; RC 1919, §765; SDC 1939, §47.0215.
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.