California CodesCivil Code - CIVDivision 3 — ObligationsPart 1 — Obligations in GeneralTitle 4 — Extinction of ObligationsChapter 1 — Performance [1473 – 1479]Section 1477
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.
Notes
Establishes that voluntary retention by a creditor of partial performance on an indivisible obligation extinguishes the corresponding proportion of the obligation. Retention is not presumed voluntary when the creditor cannot avoid keeping the partial performance without injuring the creditor’s own property.
Use as reference
Lexinter.net | California Code, Civil Code - CIV § 1477 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-1/title-4/chapter-1/section-1477