Montana § 28-1-1105 When Partial Performance Extinguishes Part Of Obligation

Montana Statutes

§ 28-1-1105 — When Partial Performance Extinguishes Part Of Obligation

Montana § 28-1-1105

Title 28CONTRACTS AND OTHER OBLIGATIONS

Ch. 1OBLIGATIONS IN GENERAL

Part 11Extinction of Obligation by Performance

This text of Montana § 28-1-1105 (When Partial Performance Extinguishes Part Of Obligation) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 28-1-1105 (2026).

Text

28-1-1105 . When partial performance extinguishes part of obligation. Partial performance of an indivisible obligation extinguishes a corresponding proportion of the obligation if the benefit of the performance is voluntarily retained by the creditor, but not otherwise. If the partial performance is of such a nature that the creditor cannot avoid retaining it without injuring the creditor's own property, the retention is not presumed to be voluntary.

Free access — add to your briefcase to read the full text and ask questions with AI

28-1-1105 . When partial performance extinguishes part of obligation. Partial performance of an indivisible obligation extinguishes a corresponding proportion of the obligation if the benefit of the performance is voluntarily retained by the creditor, but not otherwise. If the partial performance is of such a nature that the creditor cannot avoid retaining it without injuring the creditor's own property, the retention is not presumed to be voluntary.

Legislative History

En. Sec. 2004, Civ. C. 1895; re-en. Sec. 4926, Rev. C. 1907; re-en. Sec. 7428, R.C.M. 1921; Cal. Civ. C. Sec. 1477; Field Civ. C. Sec. 703; re-en. Sec. 7428, R.C.M. 1935; R.C.M. 1947, 58-405; amd. Sec. 753, Ch. 56, L. 2009.