TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 1. OBLIGATIONS IN GENERAL

Part 12. Extinction of Obligation by Offer of Performance

Offeror To Be Able And Willing To Perform

28-1-1210. Offeror to be able and willing to perform. An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.

History: En. Sec. 2030, Civ. C. 1895; re-en. Sec. 4939, Rev. C. 1907; re-en. Sec. 7441, R.C.M. 1921; Cal. Civ. C. Sec. 1495; Field Civ. C. Sec. 716; re-en. Sec. 7441, R.C.M. 1935; R.C.M. 1947, 58-418.