28-1-1302. Effect when performance prevented by creditor. If the performance of an obligation is prevented by the creditor, the debtor is entitled to all the benefits that the debtor would have obtained if the obligation had been performed by both parties.
History: En. Sec. 2051, Civ. C. 1895; re-en. Sec. 4951, Rev. C. 1907; re-en. Sec. 7453, R.C.M. 1921; Cal. Civ. C. Sec. 1512; Field Civ. C. Sec. 728; re-en. Sec. 7453, R.C.M. 1935; R.C.M. 1947, 58-430; amd. Sec. 763, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 1. Obligations in General
Part 13. Prevention of Performance
28-1-1301. When delay or failure to perform or offer to perform excused
28-1-1302. Effect when performance prevented by creditor
28-1-1303. Effect when performance prevented by other causes
28-1-1304. Effect of refusal to accept performance before offer