20-3-2. Unlawful or impossible alternative disregarded.
If one of the alternative acts required by an obligation is such as the law will not enforce, or becomes unlawful, or impossible of performance, the obligation is to be interpreted as though the other stood alone.
Source: CivC 1877, §816; CL 1887, §3439; RCivC 1903, §1132; RC 1919, §739; SDC 1939, §47.0116.