20-3-4. Selection of alternative if not exercised by party having right. If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation for that purpose, or, if none is so fixed, before the time at which the obligation ought to be performed, the right of selection passes to the other party.
Source: CivC 1877, § 814; CL 1887, § 3437; RCivC 1903, § 1130; RC 1919, § 737; SDC 1939, § 47.0114.
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