28-1-1211. When offer may be conditional. (1) An offer of performance must be free from any conditions which the creditor is not bound, on his part, to perform.
     (2) When a debtor is entitled to the performance of a condition precedent to or concurrent with performance on his part, he may make his offer depend upon the due performance of such condition.

     History: En. Secs. 2029, 2033, Civ. C. 1895; re-en. Secs. 4938, 4942, Rev. C. 1907; re-en. Secs. 7440, 7444, R.C.M. 1921; Cal. Civ. C. Secs. 1494, 1498; Field Civ. C. Secs. 715, 719; re-en. Secs. 7440, 7444, R.C.M. 1935; R.C.M. 1947, 58-417, 58-421.