The debtor's right to make application of the payment is lost if he makes the payment voluntarily without directing the application,1 or at any rate if the creditor makes application before the debtor does.2 If the debtor does not make the application when he makes the payment and the creditor then makes application, the debtor's right is lost.3 The debtor loses his right to make application, if suit is brought before the debtor makes the application, even if the creditor does not make any application.4 If a vendee makes a payment to bind the bargain, he can have it applied to the price of any goods which he accepts.5

In some jurisdictions it has been held that the debtor's right is lost absolutely upon making payment without regard to a subsequent application by the creditor.6