28-1-1212. Objections to mode of offer -- waiver. All objections to the mode of an offer of performance which the creditor has an opportunity to state at the time to the person making the offer and which could then be obviated by such person are waived by the creditor if not then stated. If the objection is to the amount of money, the terms of the instrument, or the amount or kind of property offered, the creditor must specify the amount, terms, or kind which he requires.

     History: En. Sec. 2036, Civ. C. 1895; re-en. Sec. 4945, Rev. C. 1907; re-en. Sec. 7447, R.C.M. 1921; Cal. Civ. C. Sec. 1501; Field Civ. C. Sec. 722; re-en. Sec. 7447, R.C.M. 1935; R.C.M. 1947, 58-424; amd. Sec. 9, Ch. 117, L. 1979.