Section 56-3-9 – Indemnity against claims, demands or damages–Recovery by person indemnified, payment required.

56-3-9. Indemnity against claims, demands or damages–Recovery by person indemnified, payment required.

Upon an indemnity against claims or demands, or damages or costs expressly, or in equivalent terms, unless a contrary intention appears, the person indemnified is not entitled to recover without payment thereof.

Source: SDC 1939, §31.3107 (2); repealed SL 1966, ch 111, §5; re-enacted SL 1967, ch 235, §7 (2).