Montana Statutes

§ 28-3-703 — When Promise Presumed To Be Joint And Several

Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 3 INTERPRETATION OF CONTRACTS·Part 7 Provisions Implied by Law

28-3-703 . When promise presumed to be joint and several.

(1)Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several.
(2)A promise made in the singular number but executed by several persons is presumed to be joint and several.

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Legislative History

En. Secs. 2224, 2225, Civ. C. 1895; re-en. Secs. 5048, 5049, Rev. C. 1907; re-en. Secs. 7550, 7551, R.C.M. 1921; Cal. Civ. C. Secs. 1659, 1660; Field Civ. C. Secs. 824, 825; re-en. Secs. 7550, 7551, R.C.M. 1935; R.C.M. 1947, 13-725, 13-726.

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