1. MCA Contents
  2. TITLE 28
  3. CHAPTER 1
  4. Part 13
  5. 28-1-1304 Effect of refusal to accept performance before offer

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 1. OBLIGATIONS IN GENERAL

Part 13. Prevention of Performance

Effect Of Refusal To Accept Performance Before Offer

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.