21-9-6. Clear title required for specific performance of agreement to purchase property.
An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt.
Source: CivC 1877, §2002; CL 1887, §4635; RCivC 1903, §2347; RC 1919, §2018; SDC 1939 & Supp 1960, §37.4610.
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.