Montana Statutes
§ 28-1-1211 — When Offer May Be Conditional
Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 1 OBLIGATIONS IN GENERAL·Part 12 Extinction of Obligation by Offer of Performance
28-1-1211 . When offer may be conditional.
(1)An offer of performance must be free from any conditions that the creditor is not bound to perform.
(2)When a debtor is entitled to the performance of a condition precedent to or concurrent with performance on the debtor's part, the debtor may make the offer depend upon the due performance of the condition.
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Legislative History
En. Secs. 2029, 2033, Civ. C. 1895; re-en. Secs. 4938, 4942, Rev. C. 1907; re-en. Secs. 7440, 7444, R.C.M. 1921; Cal. Civ. C. Secs. 1494, 1498; Field Civ. C. Secs. 715, 719; re-en. Secs. 7440, 7444, R.C.M. 1935; R.C.M. 1947, 58-417, 58-421; amd. Sec. 759, 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