20-6-4. Want or delay of performance excused by creditor's act or operation of law preventing performance.
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.
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).