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.
South Dakota Legal Code