§ 1477
57 words·~1 min read·
/ca/civil-code/1477·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.