Section 20-5-19 - Retention by creditor of thing not accepted as performance

20-5-19. Retention by creditor of thing not accepted as performance.If anything is given to a creditor by way of performance, which he refuses to accept as such, he is not bound to return it without demand; but if he retains it, he is gratuitous depository thereof. Source: CivC 1877, §854; CL 1887, §3478; RCivC 1903, §1172; RC 1919, §779; SDC 1939, §47.0228.