Refusal of performance before offer equivalent to offer and refusal.

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20-6-7. Refusal of performance before offer equivalent to offer and refusal.

A refusal by a creditor to accept performance, made before an offer thereof, is equivalent to an offer and refusal, unless, before performance is actually due, he gives notice to the debtor of his willingness to accept it.

Source: CivC 1877, §858; CL 1887, §3482; RCivC 1903, §1176; RC 1919, §783; SDC 1939, §47.0232.


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