Validity of condition precedent requiring performance of wrongful or unlawful act.

  1. Law
  2. South Dakota Codified Laws
  3. Property
  4. Present And Future Interests In Property
  5. Validity of condition precedent requiring performance of wrongful or unlawful act.

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43-3-3. Validity of condition precedent requiring performance of wrongful or unlawful act.

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.

Source: CivC 1877, §198; CL 1887, §2714; RCivC 1903, §221; RC 1919, §291; SDC 1939, §51.0225.


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