Title 9 — Contracts and Obligations

Upon acceptance by the creditor, full performance extinguishes an obligation if done by the party whose duty it is to perform it or by any other person on that party's behalf and with that party's assent.

An obligation in favor of several persons is extinguished by performance rendered to any of them, except in the case of a deposit made by owners in common or in joint ownership which is regulated by the provisions of title 60.

Performance of an obligation by one of several persons who are liable jointly under it extinguishes the liability of all persons who are liable jointly thereon.

If a creditor, or any one of two or more joint creditors, at any time directs the debtor to perform the debtor's obligation in a particular manner, the obligation is extinguished by performance in that manner even though the creditor does not receive the benefit of such performan…

A partial performance of an indivisible obligation extinguishes a corresponding proportion thereof if the benefit of such performance is retained voluntarily by the creditor, but not otherwise. If such partial performance is of such a nature that the creditor cannot avoid retaini…

Performance of an obligation for the delivery of money only is called payment.

When a debtor under several obligations to another does an act by way of performance, in whole or in part, which is applicable equally to two or more of such obligations, such performance must be applied as follows: 1. If, at the time of the performance, the intention or desire o…

An obligation is extinguished by an offer of performance made in conformity to the provisions set out in this chapter and with intent to extinguish the obligation. An offer of partial performance, however, is of no effect.

An offer of performance must be made by the debtor or by some person on the debtor's behalf and with the debtor's assent.

An offer of performance must be made to the creditor, or to any one of two or more joint creditors, or to a person authorized by one or more of them to receive or collect what is due under the obligation if such creditor or authorized person is present at the place where the offe…

In the absence of an express provision to the contrary, an offer of performance may be made at the option of the debtor: 1. At any place appointed by the creditor; 2. Wherever the person to whom the offer ought to be made can be found; or 3. If such person cannot with reasonable …

When an obligation fixes a time for its performance, an offer of performance must be made at that time, within reasonable hours, and not before nor afterwards.

When an obligation does not fix a time for its performance, an offer of performance may be made at any time before the debtor, upon a reasonable demand, has refused to perform.

An offer of performance must be made in good faith and in such manner as is most likely under the circumstances to benefit the creditor.

An offer of performance must be free from any condition which the creditor is not bound on the creditor's part to perform.

An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.

The thing to be delivered, if any, need not in any case actually be produced upon an offer of performance unless the offer is accepted.

The creditor must make objections to the mode of an offer of performance at the time it is made to the creditor. If this is not done, any objection which could have been obviated at that time is waived by the creditor's failure to make the same.

The title to a thing duly offered in performance of an obligation passes to the creditor if the debtor, at the time the offer is made, signifies the debtor's intention to that effect.

A thing, when offered by way of performance, must not be mixed with other things from which it cannot be separated immediately and without difficulty.

When a debtor is entitled to the performance of a condition precedent to or concurrent with performance on the debtor's part, the debtor may make the debtor's offer to depend upon the due performance of such condition.

A debtor has a right to require from the debtor's creditor a written receipt for any property delivered in performance of the debtor's obligation.

When delay in performance is capable of exact and entire compensation and time has not been declared expressly to be of the essence of the obligation, an offer of performance, accompanied with an offer of such compensation, may be made at any time after it is due but without prej…

An obligation for the payment of money is extinguished by a due offer of payment if the amount immediately is deposited in the name of the creditor with some bank of deposit of good repute within this state, and notice thereof is given to the creditor.

An obligation for the delivery of money or property or for the conveyance of property is not discharged by an offer of performance, nor are any of its incidents affected thereby, unless: 1. If the thing offered is money, the same is deposited according to the provisions of sectio…

The person offering a thing other than money by way of performance, if that person means to treat it as belonging to the creditor, shall retain it as a depositary for hire until: 1. The creditor accepts it; 2. That person has given reasonable notice to the creditor that that pers…

If anything is given to a creditor by way of performance which the creditor refuses to accept as such, the creditor is not bound to return it without demand, but if the creditor retains it, the creditor is a gratuitous depositary thereof. 9-12-28. Deposit in special fund to extin…

The creditor is entitled to claim the amount of money from the county treasurer within nine months of the date of deposit upon a showing to the county treasurer of a satisfaction of the lien, encumbrance, or cloud which includes an indication by the recorder that the satisfaction…