20-6-6. Debtor entitled to portion of benefits when performance prevented other than by creditor.
If performance of an obligation is prevented by any cause excusing performance, other than the act of the creditor, the debtor is entitled to a ratable proportion of the consideration to which he would have been entitled upon full performance according to the benefit which the creditor receives from the actual performance.
Source: CivC 1877, §857; CL 1887, §3481; RCivC 1903, §1175; RC 1919, §782; SDC 1939, §47.0231.