20-6-7. Refusal of performance before offer equivalent to offer and refusal.
A refusal by a creditor to accept performance, made before an offer thereof, is equivalent to an offer and refusal, unless, before performance is actually due, he gives notice to the debtor of his willingness to accept it.
Source: CivC 1877, §858; CL 1887, §3482; RCivC 1903, §1176; RC 1919, §783; SDC 1939, §47.0232.
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.