Conditional offer permitted

SDCL § 20-5-13 — under OFFER OF PERFORMANCE OF OBLIGATIONS.

SDCL § 20-5-13

When a debtor is entitled to the performance of a condition precedent to, or concurrent with, performance on his part, he may make his offer to depend upon the due performance of such condition. Source: CivC 1877, § 847; CL 1887, § 3471; RCivC 1903, § 1164; RC 1919, § 771; SDC 1939, § 47.0221.