56-3-9. Indemnity against claims, demands or damages--Recovery by person indemnified, payment required.
Upon an indemnity against claims or demands, or damages or costs expressly, or in equivalent terms, unless a contrary intention appears, the person indemnified is not entitled to recover without payment thereof.
Source: SDC 1939, §31.3107 (2); repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7 (2).
Structure South Dakota Codified Laws
Title 56 - Guaranty, Suretyship and Indemnity
Section 56-3-1 - Indemnity defined.
Section 56-3-2 - Indemnity for a future wrongful act void.
Section 56-3-3 - Indemnity for past wrongful act valid.
Section 56-3-4 - Indemnity extends to acts of agents.
Section 56-3-5 - Agreement to indemnify several persons applies to each.
Section 56-3-6 - Persons indemnifying liable jointly or severally with person indemnified.
Section 56-3-7 - Interpretation of contract of indemnity--Application of rules.
Section 56-3-8 - Indemnity against liability--Recovery by person indemnified.
Section 56-3-10 - Indemnity against claims, demands or liability--Matters embraced in contract.
Section 56-3-15 - Reimbursement of indemnitor.
Section 56-3-17 - Conflicting provision in construction contract unlawful and unenforceable.