Montana § 28-2-704 Exception -- Sale Of Goodwill Of Business

Montana Statutes

§ 28-2-704 — Exception -- Sale Of Goodwill Of Business

Montana § 28-2-704

Title 28CONTRACTS AND OTHER OBLIGATIONS

Ch. 2CONTRACTS

Part 7Illegal Objects and Provisions

This text of Montana § 28-2-704 (Exception -- Sale Of Goodwill Of Business) 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. § 28-2-704 (2026).

Text

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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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 subsections (2)(a) through (2)(d).

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.