27-1-420. No specific performance of agreement to buy property when title not clear. An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt.
History: En. Sec. 4420, Civ. C. 1895; re-en. Sec. 6106, Rev. C. 1907; re-en. Sec. 8724, R.C.M. 1921; Cal. Civ. C. Sec. 3394; Field Civ. C. Sec. 1897; re-en. Sec. 8724, R.C.M. 1935; R.C.M. 1947, 17-811.
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