Montana § 28-3-306 Interpretation Of Terms That Are Ambiguous Or Intended In Different Sense By Different Parties

Montana Statutes

§ 28-3-306 — Interpretation Of Terms That Are Ambiguous Or Intended In Different Sense By Different Parties

Montana § 28-3-306

Title 28CONTRACTS AND OTHER OBLIGATIONS

Ch. 3INTERPRETATION OF CONTRACTS

Part 3Intention of the Parties

This text of Montana § 28-3-306 (Interpretation Of Terms That Are Ambiguous Or Intended In Different Sense By Different Parties) 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. § 28-3-306 (2026).

Text

28-3-306 . Interpretation of terms that are ambiguous or intended in different sense by different parties.

(1)If the terms of a promise are in any respect ambiguous or uncertain, the promise must be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it.

(2)When the terms of an agreement have been intended in a different sense by different parties to the agreement, that sense is to prevail against either party in which the party supposed the other party understood it. If different constructions of a provision are otherwise equally proper, that construction is to be taken that is most favorable to the party in whose favor the provision was made.

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28-3-306 . Interpretation of terms that are ambiguous or intended in different sense by different parties. (1) If the terms of a promise are in any respect ambiguous or uncertain, the promise must be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it.
(2) When the terms of an agreement have been intended in a different sense by different parties to the agreement, that sense is to prevail against either party in which the party supposed the other party understood it. If different constructions of a provision are otherwise equally proper, that construction is to be taken that is most favorable to the party in whose favor the provision was made.

Legislative History

(1)En. Sec. 2214, Civ. C. 1895; re-en. Sec. 5038, Rev. C. 1907; re-en. Sec. 7540, R.C.M. 1921; Cal. Civ. C. Sec. 1649; Field Civ. C. Sec. 814; re-en. Sec. 7540, R.C.M. 1935; Sec. 13-715, R.C.M. 1947; (2)En. Sec. 618, p. 200, L. 1877; re-en. Sec. 618, 1st Div. Rev. Stat. 1879; re-en. Sec. 636, 1st Div. Comp. Stat. 1887; re-en. Sec. 3140, C. Civ. Proc. 1895; re-en. Sec. 7881, Rev. C. 1907; re-en. Sec. 10525, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1864; re-en. Sec. 10525, R.C.M. 1935; Sec. 93-401-21, R.C.M. 1947; R.C.M. 1947, 13-715, 93-401-21; amd. Sec. 791, Ch. 56, L. 2009.