20-3-1. Alternative obligation defined–Right of selection. An obligation which requires the performance of one of two acts at the option of a party is an alternative obligation. The party required to perform has the right of selection unless the terms of the obligation otherwise provide. Source: CivC 1877, §813; CL 1887, §3436; RCivC 1903, §1129; […]
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, […]
20-3-3. Selection of alternative in entirety. The party having the right of selection between alternative acts must select one of them in its entirety, and cannot select part of one and part of another, without the consent of the other party. Source: CivC 1877, §815; CL 1887, §3438; RCivC 1903, §1131; RC 1919, §738; SDC […]
20-3-4. Selection of alternative if not exercised by party having right. If the party having the right of selection between alternative acts does not give notice of his selection to the other party within the time, if any, fixed by the obligation for that purpose, or, if none is so fixed, before the time at […]
