28-1-1105: When partial performance extinguishes part of obligation.
Where this section sits in the code
- TITLE 28. CONTRACTS AND OTHER OBLIGATIONS
- CHAPTER 1. OBLIGATIONS IN GENERAL
- Part 11. Extinction of Obligation by Performance
Partial performance of an indivisible obligation extinguishes a corresponding proportion of the obligation if the benefit of the performance is voluntarily retained by the creditor, but not otherwise. If the partial performance is of such a nature that the creditor cannot avoid retaining it without injuring the creditor's own property, the retention is not presumed to be voluntary.
Collected 2026-09-14T04:50:42Z. Source file · JSON