21-9-4. Mutuality of remedy or full performance by plaintiff required for specific performance.
Neither party to an obligation can be compelled specifically to perform it, unless the other party thereto has performed, or is compellable specifically to perform, everything to which the former is entitled under the same obligation, either completely or nearly so, together with full compensation for any want of entire performance.
Source: CivC 1877, §1995; CL 1887, §4628; RCivC 1903, §2340; RC 1919, §2011; SDC 1939 & Supp 1960, §37.4604.
Structure South Dakota Codified Laws
Chapter 09 - Actions For Specific Performance
Section 21-9-1 - Performance may be compelled except as provided.
Section 21-9-2 - Obligations and agreements not specifically enforceable.
Section 21-9-3 - Unfair and unreasonable contracts not specifically enforceable.
Section 21-9-6 - Clear title required for specific performance of agreement to purchase property.
Section 21-9-8 - Performance or offer to perform in lieu of signature of written contract.
Section 21-9-9 - Adequacy of compensation for failure to transfer property.
Section 21-9-10 - Compelling delivery of personal property to person entitled to possession.