North Dakota Statutes
§ 9-12-05 — Partial performance - Extinction pro tanto
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.
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North Dakota § 9-12-05 (Partial performance - Extinction pro tanto) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Nearby Sections
15
§ 9-01-01
Definitions§ 9-01-02
Requisites of contract§ 9-01-04
Joint and several contracts§ 9-01-06
Obligations classified§ 9-01-07
Joint obligation - Presumption§ 9-01-08
Joint obligation - Contribution§ 9-01-09
Conditional obligation defined§ 9-01-11
Condition precedent defined§ 9-01-12
Conditions concurrent defined§ 9-01-13
Condition subsequent defined§ 9-01-14
Conditions unlawful or impossible§ 9-01-15
Forfeiture - Interpretation