Want of performance, or of an offer of performance, or any delay therein, is excused when such performance or offer is prevented or delayed by the act of the creditor, or by the operation of law, even though there may have been a stipulation that this shall not be an excuse.

Ask a litigation question, get an answer ASAP!
Thousands of highly rated, verified litigation lawyers.
Click here to chat with a lawyer about your rights.

Source: CivC 1877, § 855, subdiv 1; CL 1887, § 3479, subdiv 1; RCivC 1903, § 1173, subdiv 1; RC 1919, § 780 (1); SDC 1939, § 47.0229 (1).