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

Montana Statutes

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

Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 1 OBLIGATIONS IN GENERAL·Part 11 Extinction of Obligation by Performance

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.

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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.

Montana § 28-1-1105 (When Partial Performance Extinguishes Part Of Obligation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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.