Montana § 28-1-1113 Creditor's Retention Of Thing That Creditor Refuses To Accept

Montana Statutes

§ 28-1-1113 — Creditor's Retention Of Thing That Creditor Refuses To Accept

Montana § 28-1-1113

Title 28CONTRACTS AND OTHER OBLIGATIONS

Ch. 1OBLIGATIONS IN GENERAL

Part 11Extinction of Obligation by Performance

This text of Montana § 28-1-1113 (Creditor's Retention Of Thing That Creditor Refuses To Accept) 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. § 28-1-1113 (2026).

Text

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.