California Civil Code

§ 1477

CIV § 1477Div. 3 · Title 4 · Part 1 · Ch. 1

Statute text

A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof, if the benefit of such performance is voluntarily retained by the creditor, but not otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaining it without injuring his own property, his retention thereof is not presumed to be voluntary.

Legislative history

Enacted 1872.