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Code · South Dakota · Title 21 · Chapter 21-9

21-9-5. Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.

66 words·~1 min read·/sd/title-21/chapter-21-9/21-9-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except when his failure to perform is only partial, and either entirely immaterial or capable of being fully compensated; in which case specific performance may be compelled, upon full compensation being made for the default.
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