North Dakota Code 9-12-05 – Partial performance – Extinction pro tanto
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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 retaining it without injuring the creditor’s own property, the creditor’s retention thereof is not presumed to be voluntary.
Terms Used In North Dakota Code 9-12-05
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: includes property, real and personal. See North Dakota Code 1-01-49