Section 9-11-04 - Want of performance or offer - When excusedThe want of performance of an obligation or of an offer of performance, in whole or in part, or any delay therein, is excused by the following causes to the extent to which they operate:
1. When such performance or offer is prevented or delayed by the act of the creditor or by the operation of law, even though there may have been a stipulation that this may not be an excuse;2. When it is prevented or delayed by an irresistible superhuman cause or by the act of public enemies of this state or of the United States, unless the parties have agreed expressly to the contrary; or3. When the debtor is induced not to perform or offer performance by any act of the creditor at or before the time at which such performance or offer may be made and which the creditor has not rescinded before that time.