28-1-1105. When partial performance extinguishes part of obligation.
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/mt/title-28/chapter-1/part-11/28-1-1105·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
28-1-1105 . When partial performance extinguishes part of obligation. Partial performance of an indivisible obligation extinguishes a corresponding proportion of the obligation if the benefit of the performance is voluntarily retained by the creditor, but not otherwise. If the partial performance is of such a nature that the creditor cannot avoid retaining it without injuring the creditor's own property, the retention is not presumed to be voluntary.