California Statutes
§ 1440. — 1440. (Enacted 1872.)
California § 1440.
JurisdictionCalifornia
Code CIVCivil Code - CIV
Div. 3.DIVISION 3. OBLIGATIONS
Title2.
Part 1.TITLE 2. INTERPRETATION OF OBLIGATIONS
Ch. 3.CHAPTER 3. Conditional Obligations
This text of California § 1440. (1440. (Enacted 1872.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Cal. Civil Code - CIV Code § 1440. (2026).
Text
If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract such notice before the time at which performance upon his part is due, such other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon his part in favor of the former party.
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Related
In the Matter of Ocean Air Tradeways, Inc., Bankrupt No. 90989. Ocean Air Tradeways, Inc. v. Arkay Realty Corp. And Duncan, Korb & Trimble, Inc.
480 F.2d 1112 (Ninth Circuit, 1973)
Churchill v. Winter Chevrolet Co.
268 F. App'x 667 (Ninth Circuit, 2008)
Legislative History
Enacted 1872.
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California § 1440., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/CIV/1440..