DIVISION 3. OBLIGATIONS 1427-3273›PART 1. OBLIGATIONS IN GENERAL 1427-1543›TITLE 2. INTERPRETATION OF OBLIGATIONS 1429-1451›CHAPTER 3. Conditional Obligations 1434-1442

§ 1440

California Civil Code · 2020-11 edition · updated 2026-10-04 · California

If a party to an obligation gives notice to another, before the latter is in default, that he will not perform the same upon his part, and does not retract such notice before the time at which performance upon his part is due, such other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon his part in favor of the former party.

(Enacted 1872.)

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California Civil Code

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