Page:United States Statutes at Large Volume 47 Part 1.djvu/1211

 72d C ONGRESS. SESS. II. CH. 128 . FE BRUA RY 27, 1933 . SEC. 457. HE RE OF FER MAY BE MADE .-In the absence of an express Where offer may be provision to the contrary, an offer of performance may be made, at made . the option of the debtor : 1 . At any place appointed by the creditor ; or, 2. Wherever the person to whom the offer ought to be made can be found ; or, 3. If such person can not with reasonable diligence, be found within the Canal Zone, and within a reasonable distance from his residence or place of business, of 1 if he evades the debtor, then at his residence or place of business, if the same can, with reasonable diligence, be found within the Canal Zone ; or 4. If this can not be done, then at any place within the Canal Zone. SEC. 458. WHEN OFFER MUST BE MADE.-Where an obligation fixes made en offer must be a time for its performance, an offer of performance must be made at that time, within reasonable hours, and not before nor afterwards. SEC. 459. SAME .-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. SEC. 460. COMPENSATION AFTER DELAY IN PERFORMANCE .- `'`he re Co mpens ation afte r delay in performance is capable of exact and entire compensation, delay in performance . and time has not been expressly declared to be of the essence of the obligation, an offer of performance, accompanied with an offer of such 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. SEC. 461. OFFER TO BE MADE IN GOOD FAITH.-An offer of perform- good faith, be made in ante must be made in good faith, and in suc h ma nner as is most likely, under the circumstances, to benefit the creditor. SEC. 462 . CONDITIONAL OFFER.-An offer of performance must be Conditional offer . free from any conditions which the creditor is not bound, on his part, to perform. CROSS REFERENCE Offer of performance upon condition, see sections 466 and 467. SEC. 4 63 . ABILITY AND WILLINGN ESS ESSENTIAL .-An offe r of per- nesAs bilit y and willin g. formance is of no effect if the person making it is not able and willing to perfor m accordi ng to the offer. Production or thing SEC. 464. PRODUCTION OF THING TO BE DELIVERED NOT NECESSARY .- to be delivered. The thing to b e delivered if any, need not in any case be act ually produced, upon an offer o performance, unless the offer is accepted. SEC. 465 . THING OFFERED TO BE KEPT SEPARATE.-A t hing, when offered b y way of performance, must not be mixed with other things k Thing o to be from which it can not be separated immediately and without difficulty. CR OSS RE FERE NCE Custody of thing offered, see section 471. Post, p. lies, SEC. 466 . PERFO RMANC E O F CONDITION P RECEDENT .-Wh en a d ebto Perf ormance o f co n- r dition precedent. is entitled to the performance of a condition precedent to, or con- current with, performance on his part, he may make- his offer to depend upon the due performance of such condition. Cross REFERENCES Conditions precedent defined, see sections 218, 377, and 432. Ante, pp. 1155,1175, 1183 . Conditions subsequent defined, see sections 218, 380, and 434. Ante, pp . 1155, 1175, 11 83 . Performance of conditions, see section 435. Ante, p.1183. Unlawful and impossible conditions void, see sections 219 and 437. Ante, pp. 1155,1184- 1 So in original. 1187