27-1-418. Liquidation of damages not a bar to specific performance. A contract otherwise proper to be specifically enforced may be thus enforced though a penalty is imposed or the damages are liquidated for its breach and the party in default is willing to pay the same.
History: En. Sec. 4415, Civ. C. 1895; re-en. Sec. 6101, Rev. C. 1907; re-en. Sec. 8719, R.C.M. 1921; Cal. Civ. C. Sec. 3389; Field Civ. C. Sec. 1892; re-en. Sec. 8719, R.C.M. 1935; R.C.M. 1947, 17-806.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 1. Availability of Remedies -- Liability
Part 4. Specific and Preventive Relief
27-1-401. When specific or preventive relief permitted
27-1-402. How specific relief given
27-1-403. How preventive relief given
27-1-404. through 27-1-410 reserved
27-1-411. When specific performance of an obligation may be compelled
27-1-412. Obligations which cannot be specifically enforced
27-1-413. Specific performance not to be oppressive
27-1-414. Right to specific performance to be mutual
27-1-415. Parties who cannot be compelled to perform
27-1-416. Parties who cannot obtain specific performance
27-1-417. Specific performance by party who signed when other party did not sign contract
27-1-418. Liquidation of damages not a bar to specific performance
27-1-420. No specific performance of agreement to buy property when title not clear
27-1-422. through 27-1-430 reserved
27-1-431. Judgment for possession of or title to real property
27-1-432. Judgment for delivery of personal property
27-1-433. Cancellation of written instrument
27-1-434. Cost of care of animals seized in animal cruelty and animal fighting cases