South Dakota § 21-9-5 - Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.
Full text of South Dakota South Dakota Codified Laws § 21-9-5 — Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults., with citation guidance and answers to common questions.
§ 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.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 21-9-5
What does South Dakota Codified Laws § 21-9-5 cover?
Section 21-9-5 ("Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 21-9-5?
A common citation format is "South Dakota Codified Laws § 21-9-5" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 21-9-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.