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

21-9-5. Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.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. Source: CivC 1877, §2001; CL 1887, §4634; RCivC 1903, §2346; RC 1919, §2017; SDC 1939 & Supp 1960, §37.4605.