South Dakota Codified Laws 43-3-3. Validity of condition precedent requiring performance of wrongful or unlawful act
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If a condition precedent requires the performance of an act wrong in itself, the instrument containing it is so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the condition is void.
Terms Used In South Dakota Codified Laws 43-3-3
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Source: CivC 1877, § 198; CL 1887, § 2714; RCivC 1903, § 221; RC 1919, § 291; SDC 1939, § 51.0225.