An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.

Terms Used In South Dakota Codified Laws 20-5-10

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: CivC 1877, § 844; CL 1887, § 3468; RCivC 1903, § 1161; RC 1919, § 768; SDC 1939, § 47.0218.