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.
South Dakota Legal Code