reglab/housing_qa huggingface dataset:
SD Codified L § 20-4-9 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 04 - Performance Of Obligations|Section 20-4-9 - Application of performance in absence of selection by parties.

20-4-9. Application of performance in absence of selection by parties.If neither party makes application pursuant to §20-4-7 or §20-4-8 within a reasonable time after performance, the performance must be applied to the extinction of obligations in the following order; and if there be more than one obligation of a particular class, to the extinction of all in that class, ratably:(1)Of interest due at the time of the performance;(2)Of principal due at that time;(3)Of the obligation earliest in date of maturity;(4)Of an obligation not secured by a lien or collateral undertaking;(5)Of an obligation secured by a lien or collateral undertaking. Source: CivC 1877, §833, subdiv 3; CL 1887, §3457, subdiv 3; RCivC 1903, §1150, subdiv 3; RC 1919, §757 (3); SDC 1939, §47.0207 (3).
SD Codified L § 20-5-1 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-1 - Obligation extinguished by offer of 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.
SD Codified L § 20-5-2 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-2 - Offer of partial performance.

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.
SD Codified L § 20-5-3 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-3 - Offer of performance made by or on behalf of debtor.

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.
SD Codified L § 20-5-4 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-4 - Offer of performance made to creditor or authorized person.

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.
SD Codified L § 20-5-5 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-5 - Place of offer of performance.

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.
SD Codified L § 20-5-6 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-6 - Time of offer of performance.

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.
SD Codified L § 20-5-7 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-7 - Delayed offer of performance with compensation for delay.

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.
SD Codified L § 20-5-8 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-8 - Good faith offer required.

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.
SD Codified L § 20-5-9 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-9 - Offer to be free from conditions.

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.
SD Codified L § 20-5-10 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-10 - Ability and willingness to perform required for offer.

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.
SD Codified L § 20-5-11 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-11 - Tender of delivery not required until offer accepted.

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.
SD Codified L § 20-5-12 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-12 - Thing offered to be separable.

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.
SD Codified L § 20-5-13 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-13 - Conditional offer permitted.

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.
SD Codified L § 20-5-14 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-14 - Receipt for property delivered in performance.

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.
SD Codified L § 20-5-15 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-15 - Waiver by failure to state objections to mode of offer.

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.
SD Codified L § 20-5-16 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-16 - Passage of title to thing offered in performance.

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.
SD Codified L § 20-5-17 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-17 - Retention of thing offered until acceptance by creditor.

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.
SD Codified L § 20-5-18 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-18 - Interest stopped by offer of performance.

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.
SD Codified L § 20-5-19 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 05 - Offer Of Performance Of Obligations|Section 20-5-19 - Retention by creditor of thing not accepted as performance.

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.
SD Codified L § 20-6-1 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 06 - Excuses For Want Of Performance|Section 20-6-1 - Want of performance or delay excused.

20-6-1. Want of performance or delay excused.The want of performance of an obligation, or of an offer of performance, in whole or in part, or any delay therein, is excused by the causes described in §§20-6-2 to 20-6-4, inclusive, to the extent to which they operate. Source: CivC 1877, §855; CL 1887, §3479; RCivC 1903, §1173; RC 1919, §780; SDC 1939, §47.0229.
SD Codified L § 20-6-2 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 06 - Excuses For Want Of Performance|Section 20-6-2 - Uncontrollable cause excusing want or delay of performance.

20-6-2. Uncontrollable cause excusing want or delay of performance.Want of performance, or of an offer of performance, or any delay therein, is excused when it is prevented or delayed by an irresistible superhuman cause, or by the act of public enemies of this state, or of the United States, unless the parties have expressly agreed to the contrary. Source: CivC 1877, §855, subdiv 2; CL 1887, §3479, subdiv 2; RCivC 1903, §1173, subdiv 2; RC 1919, §780 (2); SDC 1939, §47.0229 (2).
SD Codified L § 20-6-3 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 06 - Excuses For Want Of Performance|Section 20-6-3 - Want or delay of performance excused by creditor's act inducing nonperformance.

20-6-3. Want or delay of performance excused by creditor's act inducing nonperformance.Want of performance, or of an offer of performance, or any delay therein, is excused when the debtor is induced not to make it, by any act of the creditor intended or naturally tending to have that effect, done at or before the time at which such performance or offer may be made, and not rescinded before that time. Source: CivC 1877, §855, subdiv 3; CL 1887, §3479, subdiv 3; RCivC 1903, §1173, subdiv 3; RC 1919, §780 (3); SDC 1939, §47.0229 (3).
SD Codified L § 20-6-4 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 06 - Excuses For Want Of Performance|Section 20-6-4 - Want or delay of performance excused by creditor's act or operation of law preventing performance.

20-6-4. Want or delay of performance excused by creditor's act or operation of law preventing performance.Want of performance, or of an offer of performance, or any delay therein, is excused when such performance or offer is prevented or delayed by the act of the creditor, or by the operation of law, even though there may have been a stipulation that this shall not be an excuse. Source: CivC 1877, §855, subdiv 1; CL 1887, §3479, subdiv 1; RCivC 1903, §1173, subdiv 1; RC 1919, §780 (1); SDC 1939, §47.0229 (1).
SD Codified L § 20-6-5 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 06 - Excuses For Want Of Performance|Section 20-6-5 - Debtor entitled to benefits when performance prevented by creditor.

20-6-5. Debtor entitled to benefits when performance prevented by creditor.If the performance of an obligation be prevented by the creditor, the debtor is entitled to all the benefits, which he would have obtained, if it had been performed by both parties. Source: CivC 1877, §856; CL 1887, §3480; RCivC 1903, §1174; RC 1919, §781; SDC 1939, §47.0230.
SD Codified L § 20-6-6 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 06 - Excuses For Want Of Performance|Section 20-6-6 - Debtor entitled to portion of benefits when performance prevented other than by creditor.

20-6-6. Debtor entitled to portion of benefits when performance prevented other than by creditor.If performance of an obligation is prevented by any cause excusing performance, other than the act of the creditor, the debtor is entitled to a ratable proportion of the consideration to which he would have been entitled upon full performance according to the benefit which the creditor receives from the actual performance. Source: CivC 1877, §857; CL 1887, §3481; RCivC 1903, §1175; RC 1919, §782; SDC 1939, §47.0231.
SD Codified L § 20-6-7 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 06 - Excuses For Want Of Performance|Section 20-6-7 - Refusal of performance before offer equivalent to offer and refusal.

20-6-7. Refusal of performance before offer equivalent to offer and refusal.A refusal by a creditor to accept performance, made before an offer thereof, is equivalent to an offer and refusal, unless, before performance is actually due, he gives notice to the debtor of his willingness to accept it. Source: CivC 1877, §858; CL 1887, §3482; RCivC 1903, §1176; RC 1919, §783; SDC 1939, §47.0232.
SD Codified L § 20-7-1 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations|Section 20-7-1 - Accord defined.

20-7-1. Accord defined.An accord is an agreement to accept, in extinction of an obligation, something different from that to which the person agreeing to accept is entitled. Source: CivC 1877, §859; CL 1887, §3483; RCivC 1903, §1177; RC 1919, §784; SDC 1939, §47.0233.
SD Codified L § 20-7-2 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations|Section 20-7-2 - Execution of accord required to extinguish obligation.

20-7-2. Execution of accord required to extinguish obligation.Though the parties to an accord are bound to execute it, yet it does not extinguish the obligation until it is fully executed. Source: CivC 1877, §860; CL 1887, §3484; RCivC 1903, §1178; RC 1919, §785; SDC 1939, §47.0234.
SD Codified L § 20-7-3 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations|Section 20-7-3 - Acceptance of accord as satisfaction--Obligation extinguished.

20-7-3. Acceptance of accord as satisfaction--Obligation extinguished.Acceptance by the creditor, of the consideration of an accord, extinguishes the obligation and is called satisfaction. Source: CivC 1877, §861; CL 1887, §3485; RCivC 1903, §1179; RC 1919, §786; SDC 1939, §47.0235.
SD Codified L § 20-7-4 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations|Section 20-7-4 - Obligation extinguished by part performance accepted in writing as satisfaction.

20-7-4. Obligation extinguished by part performance accepted in writing as satisfaction.Part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in writing in satisfaction, or rendered in pursuance of an agreement in writing for that purpose, though without any new consideration, extinguishes the obligation. Source: CivC 1877, §862; CL 1887, §3486; RCivC 1903, §1180; RC 1919, §787; SDC 1939, §47.0236.
SD Codified L § 20-7-5 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations|Section 20-7-5 - Novation defined.

20-7-5. Novation defined.Novation is the substitution by contract of a new obligation for an existing one and is subject to the rules concerning contracts in general. Source: CivC 1877, §§863, 865; CL 1887, §§3487, 3489; RCivC 1903, §§1181, 1183; RC 1919, §§788, 790; SDC 1939, §47.0237.
SD Codified L § 20-7-6 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations|Section 20-7-6 - Novation by substitution of obligation.

20-7-6. Novation by substitution of obligation.Novation is made by the substitution of a new obligation between the same parties, with intent to extinguish the old obligation. Source: CivC 1877, §864, subdiv 1; CL 1887, §3488, subdiv 1; RCivC 1903, §1182, subdiv 1; RC 1919, §789 (1); SDC 1939, §47.0238 (1).
SD Codified L § 20-7-7 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations|Section 20-7-7 - Novation by substitution of debtor.

20-7-7. Novation by substitution of debtor.Novation is made by the substitution of a new debtor in place of the old one, with intent to release the latter. Source: CivC 1877, §864, subdiv 2; CL 1887, §3488, subdiv 2; RCivC 1903, §1182, subdiv 2; RC 1919, §789 (2); SDC 1939, §47.0238 (2).
SD Codified L § 20-7-8 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations|Section 20-7-8 - Novation by substitution of creditor.

20-7-8. Novation by substitution of creditor.Novation is made by the substitution of a new creditor in place of the old one, with intent to transfer the rights of the latter to the former. Source: CivC 1877, §864, subdiv 3; CL 1887, §3488, subdiv 3; RCivC 1903, §1182, subdiv 3; RC 1919, §789 (3); SDC 1939, §47.0238 (3).
SD Codified L § 20-7-9 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations|Section 20-7-9 - Rescission of satisfaction by substitution of debtor.

20-7-9. Rescission of satisfaction by substitution of debtor.When the obligation of a third person on an order upon such person is accepted in satisfaction, the creditor may rescind such acceptance if the debtor prevents such person from complying with the order, or from fulfilling the obligation; or if, at the time the obligation or order is received, such person is insolvent, and this fact is unknown to the creditor; or if, before the creditor can with reasonable diligence present the order to the person upon whom it is given, he becomes insolvent. Source: CivC 1877, §866; CL 1887, §3490; RCivC 1903, §1184; RC 1919, §791; SDC 1939, §47.0239.
SD Codified L § 20-7-10 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations|Section 20-7-10 - Obligation extinguished by release on new consideration or in writing.

20-7-10. Obligation extinguished by release on new consideration or in writing.An obligation is extinguished by a release therefrom given to the debtor by the creditor, upon a new consideration, or in writing, with or without new consideration. Source: CivC 1877, §867; CL 1887, §3491; RCivC 1903, §1185; RC 1919, §792; SDC 1939, §47.0240.
SD Codified L § 20-7-11 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations|Section 20-7-11 - Unknown claims not released by general release.

20-7-11. Unknown claims not released by general release.A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Source: CivC 1877, §868; CL 1887, §3492; RCivC 1903, §1186; RC 1919, §793; SDC 1939, §47.0241.
SD Codified L § 20-7-12 (2021)
2021 South Dakota Codified Laws|Title 20 - Personal Rights and Obligations|Chapter 07 - Accord And Satisfaction, Novation And Release Of Obligations|Section 20-7-12 - Joint debtors not released by release of one--Right of contribution.

20-7-12. Joint debtors not released by release of one--Right of contribution.A release of one of two or more joint debtors does not extinguish the obligations of any of the others, unless they are mere guarantors; nor does it affect their right to contribution from him. Source: CivC 1877, §869; CL 1887, §3493; RCivC 1903, §1187; RC 1919, §794; SDC 1939, §47.0242.