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.
Cal. Civ. Code § 1477
Performance [1473. - [1479.]]
Applied in 1 court decision — leading case 51 Cal. App. 4th 1394 - McCall v. Four Star Music Co. (1996)
Most recently applied in 51 Cal. App. 4th 1394 - McCall v. Four Star Music Co. (December 1996)
Enacted 1872.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.