Statutes, codes, and regulations
Montana Code
Title 28 - CONTRACTS AND OTHER OBLIGATIONSChapter 1 - OBLIGATIONS IN GENERAL
Part 11 - EXTINCTION OF OBLIGATION BY PERFORMANCE
Section 28-1-1113 - Creditor's retention of thing that creditor refuses to accept

Mont. Code § 28-1-1113

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Current through the 2023 Regular Session
Section 28-1-1113 - Creditor's retention of thing that creditor refuses to accept

If anything is given to a creditor by way of performance that the creditor refuses to accept as performance, the creditor is not bound to return it without demand but, if the creditor retains it, the creditor is a gratuitous depositary of the thing.

§ 28-1-1113, MCA

En. Sec. 2040, Civ. C. 1895; re-en. Sec. 4949, Rev. C. 1907; re-en. Sec. 7451, R.C.M. 1921; Cal. Civ. C. Sec. 1505; Field Civ. C. Sec. 726; re-en. Sec. 7451, R.C.M. 1935; R.C.M. 1947, 58-428; amd. Sec. 756, Ch. 56, L. 2009.