Montana § 28-2-1703 Extinction Of Executory Obligations Of Contract By Destruction, Cancellation, Or Alteration

Montana Statutes

§ 28-2-1703 — Extinction Of Executory Obligations Of Contract By Destruction, Cancellation, Or Alteration

Montana § 28-2-1703

Title 28CONTRACTS AND OTHER OBLIGATIONS

Ch. 2CONTRACTS

Part 17Extinction of Contracts -- Rescission

This text of Montana § 28-2-1703 (Extinction Of Executory Obligations Of Contract By Destruction, Cancellation, Or Alteration) 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. § 28-2-1703 (2026).

Text

28-2-1703 . Extinction of executory obligations of contract by destruction, cancellation, or alteration.

(1)The intentional destruction, cancellation, or material alteration of a written contract by a party entitled to any benefit under the contract or with the party's consent extinguishes all the executory obligations of the contract in that party's favor against parties who do not consent to the act.

(2)When a contract is executed in duplicate, an alteration or destruction of one copy while the other exists is not within the provisions of subsection (1).

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28-2-1703 . Extinction of executory obligations of contract by destruction, cancellation, or alteration. (1) The intentional destruction, cancellation, or material alteration of a written contract by a party entitled to any benefit under the contract or with the party's consent extinguishes all the executory obligations of the contract in that party's favor against parties who do not consent to the act.
(2) When a contract is executed in duplicate, an alteration or destruction of one copy while the other exists is not within the provisions of subsection (1).

Legislative History

En. Secs. 2283, 2284, Civ. C. 1895; re-en. Secs. 5069, 5070, Rev. C. 1907; re-en. Secs. 7571, 7572, R.C.M. 1921; Cal. Civ. C. Secs. 1700, 1701; Field Civ. C. Secs. 845, 846; re-en. Secs. 7571, 7572, R.C.M. 1935; R.C.M. 1947, 13-909, 13-910; amd. Sec. 788, Ch. 56, L. 2009.