27-1-419. Specific performance of agreement to transfer property -- distinction between real and personal property. It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation and that the breach of an agreement to transfer personal property can be thus relieved.
History: En. Sec. 4413, Civ. C. 1895; re-en. Sec. 6099, Rev. C. 1907; re-en. Sec. 8717, R.C.M. 1921; Cal. Civ. C. Sec. 3387; Field Civ. C. Sec. 1890; re-en. Sec. 8717, R.C.M. 1935; R.C.M. 1947, 17-804.
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