20-5-17. Retention of thing offered until acceptance by creditor.
The person offering a thing, other than money, by way of performance, must, if he means to treat it as belonging to the creditor, retain it as a depository for hire until the creditor accepts it, or until he has given reasonable notice to the creditor that he will retain it no longer; and if, with reasonable diligence, he can find a suitable depository therefor, until he has deposited it with such person.
Source: CivC 1877, §852; CL 1887, §3476; RCivC 1903, §1169; RC 1919, §776; SDC 1939, §47.0225.