28-1-1304. Effect of refusal to accept performance before offer. A refusal by a creditor to accept performance, made before an offer of performance, is equivalent to an offer and refusal unless, before performance is actually due, the creditor gives notice to the debtor of the creditor's willingness to accept performance.

     History: En. Sec. 2053, Civ. C. 1895; re-en. Sec. 4953, Rev. C. 1907; re-en. Sec. 7455, R.C.M. 1921; Cal. Civ. C. Sec. 1515; Field Civ. C. Sec. 731; re-en. Sec. 7455, R.C.M. 1935; R.C.M. 1947, 58-432; amd. Sec. 765, Ch. 56, L. 2009.