20-4-5. Indivisible obligation partially extinguished by partial performance if benefit voluntarily retained--Exception.
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/sd/title-20/chapter-20-4/20-4-5A 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.