An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer. Source: CivC 1877, § 844; CL 1887, § 3468; RCivC 1903, § 1161; RC 1919, § 768; SDC 1939, § 47.0218.
Ability and willingness to perform required for offer
SDCL § 20-5-10 — under OFFER OF PERFORMANCE OF OBLIGATIONS.
SDCL § 20-5-10