California Codes
Cal. Civil Code § 1661 (2026)
✓ current as of May 2026
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An executed contract is one, the object of which is fully performed. All others are executory.
Notes of Decisions
Cited in 12
cases (3 in the last 5 years), 1951–2023 · leading case: State Comp. Ins. Fund v. WallDesign Inc., 199 Cal. App. 4th 1525 (Cal. Ct. App. 2011).
State Comp. Ins. Fund v. WallDesign Inc., 199 Cal. App. 4th 1525 (Cal. Ct. App. 2011). “” (Civ. Code, § 1661.) The statute of limitations on a cause of action for breach of an executory contract generally does not begin to run until the time for full performance has arrived.”
Lockheed Missiles & Space Co. v. Gilmore Indus., Inc., 135 Cal. App. 3d 556 (Cal. Ct. App. 1982). “A different conclusion would end in an illogical result. The term “executed” is defined inter alia as “completed; carried into full effect; already done or performed.”
Lawrence v. Shutt, 269 Cal. App. 2d 749 (Cal. Ct. App. 1969). “(Civ. Code, §1661; *764 Smith v. Allen, 68 Cal.”
Roberts v. Wachter, 231 P.2d 534 (Cal. Ct. App. 1951). “(Civ. Code, § 1661; Pearsall v. Henry, 153 Cal.”
Cirimele v. Shinazy, 268 P.2d 210 (Cal. Ct. App. 1954). “” (Civ. Code, §1661.) The distinction between the actual payment and acceptance of rental installments in reduced amounts pursuant *50 to an oral agreement and the accrual of further installments which are not actually paid, we find cogently expressed in Stoltenberg v.”
Fanucchi & Limi Farms v. United Agri Prods., 414 F.3d 1075 (9th Cir. 2005). “1982) (rely- ing on Black’s Law Dictionary to define “executed” as “completed; carried into full effect” (internal quotations omit- ted)); see also Cal. Civ. Code § 1661 (“An executed contract is one, the object of which is fully performed.”
Sayler v. Yan Sun, 2023 MT 175 (Mont. 2023). “” Section 28-2-104, MCA (adopted from Cal. Civ. Code § 1661 ); Cal. Civ. Code § 1661 (adopted 13 from draft Field Civ.”
Monaghan v. Telecom Italia Sparkle of North Am., Inc., 647 F. App'x 763 (9th Cir. 2016). “In light of this uncontradicted evidence, 4 no *769 reasonable jury could find that Monaghan was entitled to accelerator compensation.”
Sayler v. Yan Sun, 2023 MT 175 (Mont. 2023). “” Section 28-2-104, MCA (adopted from Cal. Civ. Code § 1661 ); Cal. Civ. Code § 1661 (adopted 13 from draft Field Civ.”
Schiffman v. Atlas Mill Supply Inc., 193 Cal. App. 2d 847 (Cal. Ct. App. 1961). “ame and Myles, the principal stockholder, would so warrant to the buyers of the stock, and on the same day this became an accomplished fact and the stock was sold; that the obligation due Bertha was thus then extinguished and considered by all to have been, in effect, paid and…”
Zurich Am. Ins. Co. v. Kwan Wo Ironworks Inc. (N.D. Cal. 2022). “10 Civ. Code § 1661 (providing “[a]n executed contract is one, the object of which is fully 11 performed,” and “[a]ll others are executory”).”
Mukangoga v. Loma Linda Univ. CA4/2 (Cal. Ct. App. 2014). “” (Civ. Code, § 1661.) The statute of limitations on a cause of action for breach of an executory contract generally does not begin to run until the time for full performance has arrived.”
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