20-5-1
Obligation extinguished by offer of performance.
20-5-2
Offer of partial performance.
20-5-3
Offer of performance made by or on behalf of debtor.
20-5-4
Offer of performance made to creditor or authorized person.
20-5-5
Place of offer of performance.
20-5-6
Time of offer of performance.
20-5-7
Delayed offer of performance with compensation for delay.
20-5-8
Good faith offer required.
20-5-9
Offer to be free from conditions.
20-5-10
Ability and willingness to perform required for offer.
20-5-11
Tender of delivery not required until offer accepted.
20-5-12
Thing offered to be separable.
20-5-13
Conditional offer permitted.
20-5-14
Receipt for property delivered in performance.
20-5-15
Waiver by failure to state objections to mode of offer.
20-5-16
Passage of title to thing offered in performance.
20-5-17
Retention of thing offered until acceptance by creditor.
20-5-18
Interest stopped by offer of performance.
20-5-19
Retention by creditor of thing not accepted as performance.
20-5-1. Obligation extinguished by offer of performance.
An obligation is extinguished by an offer of performance, made in conformity to the rules prescribed in this chapter, and with intent to extinguish the obligation.
Source: CivC 1877, § 834; CL 1887, § 3458; RCivC 1903, § 1151; RC 1919, § 758; SDC 1939, § 47.0208.
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.
20-5-3. Offer of performance made by or on behalf of debtor.
An offer of performance must be made by the debtor, or by some person on his behalf and with his assent.
Source: CivC 1877, § 836; CL 1887, § 3460; RCivC 1903, § 1153; RC 1919, § 760; SDC 1939, § 47.0211.
20-5-4. Offer of performance made to creditor or authorized person.
An offer of performance must be made to the creditor, or to any one of two or more joint creditors, or to a person authorized by one or more of them to receive or collect what is due under the obligation, if such creditor or authorized person is present at the place where the offer may be made; and if not, wherever the creditor may be found.
Source: CivC 1877, § 837; CL 1887, § 3461; RCivC 1903, § 1154; RC 1919, § 761; SDC 1939, § 47.0212.
20-5-5. Place of offer of performance.
In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor:
(1) At any place appointed by the creditor;
(2) Wherever the person to whom the offer ought to be made can be found;
(3) If such person cannot, with reasonable diligence, be found within this state, and within a reasonable distance from his residence or place of business, or if he evades the debtor, then at his residence or place of business, if the same can, with reasonable diligence, be found within the state; or
(4) If this cannot be done, then at any place within the state.
Source: CivC 1877, § 838; CL 1887, § 3462; RCivC 1903, § 1155; RC 1919, § 762; SDC 1939, § 47.0213.
20-5-6. Time of offer of performance.
Where an obligation fixes a time for its performance, an offer of performance must be made at that time, within reasonable hours, and not before nor afterwards. Where an obligation does not fix a time for its performance, an offer of performance may be made at any time before the debtor, upon a reasonable demand, has refused to perform.
Source: CivC 1877, §§ 839, 840; CL 1887, §§ 3463, 3464; RCivC 1903, §§ 1156, 1157; RC 1919, §§ 763, 764; SDC 1939, § 47.0214.
20-5-7. Delayed offer of performance with compensation for delay.
Where delay in performance is capable of exact and entire compensation, and time has not been expressly declared to be of the essence of the obligation, an offer of performance accompanied with an offer of such compensation, may be made at any time after it is due, but without prejudice to any rights acquired by the creditor or by any other person in the meantime.
Source: CivC 1877, § 841; CL 1887, § 3465; RCivC 1903, § 1158; RC 1919, § 765; SDC 1939, § 47.0215.
20-5-8. Good faith offer required.
An offer of performance must be made in good faith, and in such manner as is most likely, under the circumstances, to benefit the creditor.
Source: CivC 1877, § 842; CL 1887, § 3466; RCivC 1903, § 1159; RC 1919, § 766; SDC 1939, § 47.0216.
20-5-9. Offer to be free from conditions.
An offer of performance must be free from any condition which the creditor is not bound on his part to perform.
Source: CivC 1877, § 843; CL 1887, § 3467; RCivC 1903, § 1160; RC 1919, § 767; SDC 1939, § 47.0217.
20-5-10. Ability and willingness to perform required for offer.
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.
20-5-11. Tender of delivery not required until offer accepted.
The thing to be delivered, if any, need not in any case be actually produced upon an offer of performance, unless the offer is accepted.
Source: CivC 1877, § 845; CL 1887, § 3469; RCivC 1903, § 1162; RC 1919, § 769; SDC 1939, § 47.0219.
20-5-12. Thing offered to be separable.
A thing, when offered by way of performance, must not be mixed with other things from which it cannot be separated immediately and without difficulty.
Source: CivC 1877, § 846; CL 1887, § 3470; RCivC 1903, § 1163; RC 1919, § 770; SDC 1939, § 47.0220.
20-5-13. Conditional offer permitted.
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.
20-5-14. Receipt for property delivered in performance.
A debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation.
Source: CivC 1877, § 848; CL 1887, § 3472; RCivC 1903, § 1165; RC 1919, § 772; SDC 1939, § 47.0222.
20-5-15. Waiver by failure to state objections to mode of offer.
All objections to the mode of an offer of performance, which the creditor has an opportunity to state at the time to the person making the offer, and which could be then obviated by him, are waived by the creditor, if not then stated.
Source: CivC 1877, § 850; CL 1887, § 3474; RCivC 1903, § 1167; RC 1919, § 774; SDC 1939, § 47.0223.
20-5-16. Passage of title to thing offered in performance.
The title to a thing duly offered in performance of an obligation passes to the creditor, if the debtor at the time signifies his intention to that effect.
Source: CivC 1877, § 851; CL 1887, § 3475; RCivC 1903, § 1168; RC 1919, § 775; SDC 1939, § 47.0224.
20-5-17. Retention of thing offered until acceptance by creditor.
The person offering a thing, other than money, by way of performance, must, if he means to treat it as belonging to the creditor, retain it as a depository for hire until the creditor accepts it, or until he has given reasonable notice to the creditor that he will retain it no longer; and if, with reasonable diligence, he can find a suitable depository therefor, until he has deposited it with such person.
Source: CivC 1877, § 852; CL 1887, § 3476; RCivC 1903, § 1169; RC 1919, § 776; SDC 1939, § 47.0225.
20-5-18. Interest stopped by offer of performance.
An offer of payment or other performance, duly made, though the title to the thing offered be not transferred to the creditor, stops the running of interest on the obligation, and has the same effect upon all its incidents as a performance thereof.
Source: CivC 1877, § 853; CL 1887, § 3477; RCivC 1903, § 1171; RC 1919, § 778; SDC 1939, § 47.0227.
20-5-19. Retention by creditor of thing not accepted as performance.
If anything is given to a creditor by way of performance, which he refuses to accept as such, he is not bound to return it without demand; but if he retains it, he is gratuitous depository thereof.
Source: CivC 1877, § 854; CL 1887, § 3478; RCivC 1903, § 1172; RC 1919, § 779; SDC 1939, § 47.0228.
