28-1-1104. Extinction when directions of creditor followed. If a creditor or any one of two or more joint creditors at any time directs the debtor to perform the debtor's obligations in a particular manner, the obligation is extinguished by performance in that manner even though the creditor does not receive the benefit of the performance.
History: En. Sec. 2003, Civ. C. 1895; re-en. Sec. 4925, Rev. C. 1907; re-en. Sec. 7427, R.C.M. 1921; Cal. Civ. C. Sec. 1476; Field Civ. C. Sec. 702; re-en. Sec. 7427, R.C.M. 1935; R.C.M. 1947, 58-404; amd. Sec. 752, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 1. Obligations in General
Part 11. Extinction of Obligation by Performance
28-1-1101. Extinction of obligation by full performance
28-1-1102. Performance by one of several joint debtors
28-1-1103. Performance to one of several joint creditors
28-1-1104. Extinction when directions of creditor followed
28-1-1105. When partial performance extinguishes part of obligation
28-1-1106. Application of performance when there are several obligations
28-1-1107. through 28-1-1110 reserved
28-1-1111. Receipt for money, instrument, or property delivered
28-1-1112. Objections to tender -- waiver
28-1-1113. Creditor's retention of thing that creditor refuses to accept