Title 20, PERSONAL RIGHTS AND OBLIGATIONS

An obligation is conditional when the rights or duties of any party thereto depend upon the occurrence of an uncertain event. Source: CivC 1877, § 804; CL 1887, § 3427; RCivC 1903, § 1120; RC 1919, § 727; SDC 1939, § 47.0107.

A condition in a contract, the fulfillment of which is impossible or unlawful, within the meaning of chapter 53-5 relating to the object of contracts, or which is repugnant to the nature of the interest created by the contract is void. Source: CivC 1877, § 811; CL 1887, § 3434; R…

A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created. Source: CivC 1877, § 812; CL 1887, § 3435; RCivC 1903, § 1128; RC 1919, § 735; SDC 1939, § 47.0112.

Conditions may be precedent, concurrent, or subsequent. A condition precedent is one which is to be performed before some right dependent thereon accrues, or some act dependent thereon is performed. Conditions concurrent are those which are mutually dependent, and are to be perfo…

Before any party to an obligation can require another party to perform any act under it, he must fulfill all conditions precedent thereto imposed upon himself; and must be able, and offer, to fulfill all conditions concurrent, so imposed upon him, on the like fulfillment by the o…

If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract such notice before the time at which performance upon his part is due, such other party is entitled to enforce the obligatio…