21-9-5. Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.
Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except when his failure to perform is only partial, and either entirely immaterial or capable of being fully compensated; in which case specific performance may be compelled, upon full compensation being made for the default.
Source: CivC 1877, §2001; CL 1887, §4634; RCivC 1903, §2346; RC 1919, §2017; SDC 1939 & Supp 1960, §37.4605.
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.