Montana § 27-1-414 Right To Specific Performance To Be Mutual

Montana Statutes

§ 27-1-414 — Right To Specific Performance To Be Mutual

Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 1 AVAILABILITY OF REMEDIES -- LIABILITY·Part 4 Specific and Preventive Relief

27-1-414 . Right to specific performance to be mutual.

(1)When either of the parties to an obligation is entitled to a specific performance thereof according to the provisions of 27-1-411 , the other party is also entitled to it, though not within those provisions.

(2)Neither party to any obligation can be compelled specifically to perform it unless the other party thereto has performed or is compellable specifically to perform everything to which the former is entitled under the same obligation, either completely or nearly so, together with full compensation for any want of entire performance.

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27-1-414 . Right to specific performance to be mutual. (1) When either of the parties to an obligation is entitled to a specific performance thereof according to the provisions of 27-1-411 , the other party is also entitled to it, though not within those provisions.
(2) Neither party to any obligation can be compelled specifically to perform it unless the other party thereto has performed or is compellable specifically to perform everything to which the former is entitled under the same obligation, either completely or nearly so, together with full compensation for any want of entire performance.

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Legislative History

(1)En. Sec. 4411, Civ. C. 1895; re-en. Sec. 6097, Rev. C. 1907; re-en. Sec. 8715, R.C.M. 1921; Cal. Civ. C. Sec. 3385; Field Civ. C. Sec. 1888; re-en. Sec. 8715, R.C.M. 1935; Sec. 17-802, R.C.M. 1947; (2)En. Sec. 4412, Civ. C. 1895; re-en. Sec. 6098, Rev. C. 1907; re-en. Sec. 8716, R.C.M. 1921; Cal. Civ. C. Sec. 3386; Field Civ. C. Sec. 1889; re-en. Sec. 8716, R.C.M. 1935; Sec. 17-803, R.C.M. 1947; R.C.M. 1947, 17-802, 17-803.