Page:United States Statutes at Large Volume 76A.djvu/207

From Wikisource
Jump to: navigation, search
This page needs to be proofread.

–111–

-111(4) if this cannot be done, then at any place within the Canal Zone. § 916. Time of o£Fer (a) Where an obligation fixes a time for its performance, an offer of performance may be made only at that time. (b) Where an obligation does not fix the time for its performance, an offer of performance may be made at any time before the debtor, upon a reasonable demand, has refused to perform. § 917. Ofifer of compensation for delay Where delay in performance is capable of exact and entire compensation, and time has not been expressly declared to be of the essence of the obligation, an offer of performance, accompanied with an offer of compensation, may be made at any time after it is due, but without prejudice to any rights acquired by the creditor, or by any other person, in the meantime. § 918. Good faith of o£Fer An offer of performance shall be made in good faith, and in such manner as is most likely, under the circumstances, to benefit the creditor. § 919. Conditional offer An offer of performance shall be free from any conditions which the creditor is not bound, on his part, to perform. § 920. Ability and willingness to perform An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer. § 921. Production of thing to be delivered The thing to be delivered, if any, need not in any case be actually produced, upon an offer of performance, unless the offer is accepted. § 922. Separation of thing offered A thing, when offered by way of performance, may not be mixed with other things from which it cannot be separated immediately and without difficulty. § 923. Offer dependent upon performance of condition When a debtor is entitled to the performance of a condition precedent to, or concuiTent with, performance on his part, he may make his offer to depend upon the due performance of that condition. § 924. Written receipt A debtor may require from his creditor a written receipt for any property delivered in performance of his obligation. § 925. Extinction of pecuniary obligation by offer, deposit, and notice An obligation for the payment of money is extinguished by a due offer of payment, if the amount is immediately deposited in the name of the creditor, with a bank of deposit within the Canal Zone, of good repute, and notice thereof is given to the creditor. § 926. Objections to mode of offer All objections to the mode of an offer of performance, which the creditor has an opportunity to state at the time to the person making the offer, and which could be then obviated by him, are waived by the creditor, if not then stated. § 927. Title to thing offered The title to a thing duly offered in performance of an obligation passes to the creditor, if the debtor at the time signifies his intention to that effect.