§ 28-1-1206 — Where Offer May Be Made

28-1-1206 . Where offer may be made. 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;
(3) if the person cannot, with reasonable diligence, be found within the state and within a reasonable distance from the person's residence or place of business or if the person evades the debtor, then at the person's residence or place of business if the residence or business can, with reasonable diligence, be found within the state; or
(4) if this cannot be done, then at any place within this state.

Legislative History

En. Sec. 2024, Civ. C. 1895; re-en. Sec. 4933, Rev. C. 1907; re-en. Sec. 7435, R.C.M. 1921; Cal. Civ. C. Sec. 1489; Field Civ. C. Sec. 710; re-en. Sec. 7435, R.C.M. 1935; R.C.M. 1947, 58-412; amd. Sec. 758, Ch. 56, L. 2009.