If anything is given to a creditor by way of performance, which he refuses to accept as such, he is not bound to return it without demand; but if he retains it, he is a gratuitous depositary thereof.
Cal. Civ. Code § 1505
Offer of Performance
Applied in 1 court decision — leading case Besco Enterprises, Inc. v. Carole, Inc. (1969)
Most recently applied in Besco Enterprises, Inc. v. Carole, Inc. (June 1969)
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.