28-1-1206. Where offer may be made. In the absence of an express provision to the contrary, an offer of performance may be made, at the option of the debtor:
(1) at any place appointed by the creditor;
(2) wherever the person to whom the offer ought to be made can be found;
(3) if such person cannot, with reasonable diligence, be found within the state and within a reasonable distance from his residence or place of business or if he evades the debtor, then at his residence or place of business if the same can, with reasonable diligence, be found within the state; or
(4) if this cannot be done, then at any place within this state.
History: En. Sec. 2024, Civ. C. 1895; re-en. Sec. 4933, Rev. C. 1907; re-en. Sec. 7435, R.C.M. 1921; Cal. Civ. C. Sec. 1489; Field Civ. C. Sec. 710; re-en. Sec. 7435, R.C.M. 1935; R.C.M. 1947, 58-412.