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South Dakota · Through 2026-08-31

SDCL § 21-9-5: Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.

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Where this section sits in the code
  1. TITLE 21. JUDICIAL REMEDIES
  2. CHAPTER 21-9. ACTIONS FOR SPECIFIC PERFORMANCE

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.

Collected 2026-09-03T15:18:56Z. Source file · JSON

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