South Dakota Codified Laws

S.D. Codified Laws § 20-5-2 (2026)

Offer of partial performance.

✓ current as of May 2026
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20-5-2. Offer of partial performance.

An offer of partial performance is of no effect.

Source: CivC 1877, § 835; CL 1887, § 3459; RCivC 1903, § 1152; RC 1919, § 759; SDC 1939, § 47.0210.

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Stromberger Farms, Inc. v. Johnson, 942 N.W.2d 249 (S.D. 2020).
Stromberger Farms, Inc. v. Johnson, 942 N.W.2d 249 (S.D. 2020). “However, Johnson claims the tender was not unconditional because Stromberger Farms failed to include the additional $12,500 payment.”
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