1-4-102. Consideration of circumstances surrounding execution. For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject of the instrument and of the parties to it, may also be shown so that the judge is placed in the position of those whose language the judge is to interpret.
History: En. Sec. 614, p. 199, L. 1877; re-en. Sec. 614, 1st Div. Rev. Stat. 1879; re-en. Sec. 632, 1st Div. Comp. Stat. 1887; re-en. Sec. 3136, C. Civ. Proc. 1895; re-en. Sec. 7877, Rev. C. 1907; re-en. Sec. 10521, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1860; re-en. Sec. 10521, R.C.M. 1935; R.C.M. 1947, 93-401-17; amd. Sec. 24, Ch. 61, L. 2007.
Structure Montana Code Annotated
Title 1. General Laws and Definitions
Chapter 4. Interpretation of Instruments
1-4-101. Role of the judge -- preference to construction giving each provision meaning
1-4-102. Consideration of circumstances surrounding execution
1-4-103. Intention of the parties -- particular and general provisions
1-4-104. Preference to construction favoring natural right
1-4-105. Written words versus words in printed form
1-4-106. Interpretation of language according to usage in place of execution
1-4-107. Construction of terms
1-4-108. Construction of the terms of a notice