Montana Statutes
§ 28-2-704 — Exception -- Sale Of Goodwill Of Business
Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 2 CONTRACTS·Part 7 Illegal Objects and Provisions
28-2-704 . Exception -- sale of goodwill of business.
(1)A person who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business within the areas provided in subsection (2) so long as the buyer or any person deriving title to the goodwill from the buyer carries on a like business in the described areas.
(2)The agreement authorized in subsection (1) may apply in:
(a)the city where the principal office of the business is located;
(b)the county where the principal office of the business is located;
(c)a city in any county adjacent to the county in which the principal office of the business is located;
(d)any county adjacent to the county in which the principal office of the business is located; or
(e)any combination of the areas in subsecti
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Legislative History
En. Sec. 2247, Civ. C. 1895; re-en. Sec. 5058, Rev. C. 1907; re-en. Sec. 7560, R.C.M. 1921; Cal. Civ. C. Sec. 1674; Field Civ. C. Sec. 834; re-en. Sec. 7560, R.C.M. 1935; R.C.M. 1947, 13-808; amd. Sec. 1, Ch. 432, L. 1983; amd. Sec. 781, Ch. 56, L. 2009.
Nearby Sections
15
§ 28-2-101
Contract Defined§ 28-2-102
Essential Elements Of A Contract§ 28-2-103
Express Versus Implied Contracts§ 28-2-104
Executed Versus Executory Contracts§ 28-2-1601
Alteration Of Oral Contract By Parties§ 28-2-1603
Through 28-2-1610 Reserved§ 28-2-1613
Scope Of Court's Inquiry§ 28-2-1614
Specific Enforcement Of Revised Contract§ 28-2-1701
How Contract Extinguished