Partial performance - Extinction pro tanto

N.D. Cent. Code § 9-12-05
in effect
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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.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t09c12.pdf#nameddest=9-12-05Fetched: 10/16/2026

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