20-5-17. Retention of thing offered until acceptance by creditor. The person offering a thing, other than money, by way of performance, must, if he means to treat it as belonging to the creditor, retain it as a depository for hire until the creditor accepts it, or until he has given reasonable notice to the creditor that he will retain it no longer; and if, with reasonable diligence, he can find a suitable depository therefor, until he has deposited it with such person.
Source: CivC 1877, § 852; CL 1887, § 3476; RCivC 1903, § 1169; RC 1919, § 776; SDC 1939, § 47.0225.
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