GroundRules
← Search the law
Montana · Through Montana Code Annotated 2025

28-1-1105: When partial performance extinguishes part of obligation.

Read at publisher ↗
Where this section sits in the code
  1. TITLE 28. CONTRACTS AND OTHER OBLIGATIONS
  2. CHAPTER 1. OBLIGATIONS IN GENERAL
  3. Part 11. Extinction of Obligation by Performance

Partial performance of an indivisible obligation extinguishes a corresponding proportion of the obligation if the benefit of the performance is voluntarily retained by the creditor, but not otherwise. If the partial performance is of such a nature that the creditor cannot avoid retaining it without injuring the creditor's own property, the retention is not presumed to be voluntary.

Collected 2026-09-14T04:50:42Z. Source file · JSON

Browse this collection