28-1-1210. Offeror to be able and willing to perform. An offer of performance is of no effect if the person making it is not able and willing to perform according to the offer.
History: En. Sec. 2030, Civ. C. 1895; re-en. Sec. 4939, Rev. C. 1907; re-en. Sec. 7441, R.C.M. 1921; Cal. Civ. C. Sec. 1495; Field Civ. C. Sec. 716; re-en. Sec. 7441, R.C.M. 1935; R.C.M. 1947, 58-418.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 1. Obligations in General
Part 12. Extinction of Obligation by Offer of Performance
28-1-1201. When obligation extinguished by offer of performance
28-1-1203. Offer of partial performance ineffective
28-1-1204. Who must make offer of performance
28-1-1205. To whom offer must be made
28-1-1206. Where offer may be made
28-1-1207. When offer must be made
28-1-1208. Offer of late performance with compensation
28-1-1209. Offer to be made in good faith
28-1-1210. Offeror to be able and willing to perform
28-1-1211. When offer may be conditional
28-1-1212. Objections to mode of offer -- waiver
28-1-1213. through 28-1-1220 reserved
28-1-1221. Title to thing offered
28-1-1222. Production of thing to be delivered
28-1-1223. Thing offered to be kept separate