1. MCA Contents
  2. TITLE 28
  3. CHAPTER 1
  4. Part 11
  5. 28-1-1113 Creditor's retention of thing that creditor refuses to accept

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 1. OBLIGATIONS IN GENERAL

Part 11. Extinction of Obligation by Performance

Creditor's Retention Of Thing That Creditor Refuses To Accept

28-1-1113. Creditor's retention of thing that creditor refuses to accept. If anything is given to a creditor by way of performance that the creditor refuses to accept as performance, the creditor is not bound to return it without demand but, if the creditor retains it, the creditor is a gratuitous depositary of the thing.

History: En. Sec. 2040, Civ. C. 1895; re-en. Sec. 4949, Rev. C. 1907; re-en. Sec. 7451, R.C.M. 1921; Cal. Civ. C. Sec. 1505; Field Civ. C. Sec. 726; re-en. Sec. 7451, R.C.M. 1935; R.C.M. 1947, 58-428; amd. Sec. 756, Ch. 56, L. 2009.