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.
South Dakota Legal Code