Montana § 28-1-407 When Prior Performance Of Conditions Excused

Montana Statutes

§ 28-1-407 — When Prior Performance Of Conditions Excused

Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 1 OBLIGATIONS IN GENERAL·Part 4 Conditional Obligations

28-1-407 . When prior performance of conditions excused. If a party to an obligation gives notice to another, before the latter is in default, that the party will not perform the obligation and does not retract the notice before the time at which performance upon that party's part is due, the other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon the other party's part in favor of the party giving notice.

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28-1-407 . When prior performance of conditions excused. If a party to an obligation gives notice to another, before the latter is in default, that the party will not perform the obligation and does not retract the notice before the time at which performance upon that party's part is due, the other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon the other party's part in favor of the party giving notice.

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Legislative History

En. Sec. 1956, Civ. C. 1895; re-en. Sec. 4904, Rev. C. 1907; re-en. Sec. 7406, R.C.M. 1921; Cal. Civ. C. Sec. 1440; Field Civ. C. Sec. 682; re-en. Sec. 7406, R.C.M. 1935; R.C.M. 1947, 58-210; amd. Sec. 749, Ch. 56, L. 2009.