20-6-5. Debtor entitled to benefits when performance prevented by creditor.
If the performance of an obligation be prevented by the creditor, the debtor is entitled to all the benefits, which he would have obtained, if it had been performed by both parties.
Source: CivC 1877, §856; CL 1887, §3480; RCivC 1903, §1174; RC 1919, §781; SDC 1939, §47.0230.
Structure South Dakota Codified Laws
Title 20 - Personal Rights and Obligations
Chapter 06 - Excuses For Want Of Performance
Section 20-6-1 - Want of performance or delay excused.
Section 20-6-2 - Uncontrollable cause excusing want or delay of performance.
Section 20-6-3 - Want or delay of performance excused by creditor's act inducing nonperformance.
Section 20-6-5 - Debtor entitled to benefits when performance prevented by creditor.
Section 20-6-7 - Refusal of performance before offer equivalent to offer and refusal.