28-1-1224. Custody of thing other than money. The person offering a thing other than money by way of performance shall, if the person means to treat it as belonging to the creditor, retain it as a depositary for hire until the creditor accepts it or until the person has given reasonable notice to the creditor that the person will retain it no longer and, if with reasonable diligence the person can find a suitable depositary for the thing, until the person has deposited it with the suitable depositary.

     History: En. Sec. 2038, Civ. C. 1895; re-en. Sec. 4947, Rev. C. 1907; re-en. Sec. 7449, R.C.M. 1921; Cal. Civ. C. Sec. 1503; Field Civ. C. Sec. 724; re-en. Sec. 7449, R.C.M. 1935; R.C.M. 1947, 58-426; amd. Sec. 762, Ch. 56, L. 2009.