Chapter 3. Conditional Obligations - California Civil Code Section 1440

1440.  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.

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Last modified: February 16, 2015