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Source: SDC 1939, § 31.3107 (2); repealed SL 1966, ch 111, § 5; re-enacted SL 1967, ch 235, § 7 (2).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