28-1-1224. Custody of thing other than money. The person offering a thing other than money by way of performance must, if he means to treat it as belonging to the creditor, retain it as a depositary for hire until the creditor accepts it or until he has given reasonable notice to the creditor that he will retain it no longer and, if with reasonable diligence he can find a suitable depositary therefor, until he has deposited it with such person.

     History: En. Sec. 2038, Civ. C. 1895; re-en. Sec. 4947, Rev. C. 1907; re-en. Sec. 7449, R.C.M. 1921; Cal. Civ. C. Sec. 1503; Field Civ. C. Sec. 724; re-en. Sec. 7449, R.C.M. 1935; R.C.M. 1947, 58-426.