Montana Statutes
§ 28-1-1113 — Creditor's Retention Of Thing That Creditor Refuses To Accept
Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 1 OBLIGATIONS IN GENERAL·Part 11 Extinction of Obligation by Performance
28-1-1113 . Creditor's retention of thing that creditor refuses to accept. If anything is given to a creditor by way of performance that the creditor refuses to accept as performance, the creditor is not bound to return it without demand but, if the creditor retains it, the creditor is a gratuitous depositary of the thing.
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Legislative History
En. Sec. 2040, Civ. C. 1895; re-en. Sec. 4949, Rev. C. 1907; re-en. Sec. 7451, R.C.M. 1921; Cal. Civ. C. Sec. 1505; Field Civ. C. Sec. 726; re-en. Sec. 7451, R.C.M. 1935; R.C.M. 1947, 58-428; amd. Sec. 756, Ch. 56, L. 2009.
Nearby Sections
15
§ 28-1-1002
When Burden Of Obligation May Be Transferred§ 28-1-101
Definitions§ 28-1-102
How Obligations Arise§ 28-1-104
Relief From Forfeiture§ 28-1-1101
Extinction Of Obligation By Full Performance§ 28-1-1102
Performance By One Of Several Joint Debtors§ 28-1-1107
Through 28-1-1110 Reserved§ 28-1-1112
Objections To Tender -- Waiver