28-1-1304. Effect of refusal to accept performance before offer. A refusal by a creditor to accept performance, made before an offer of performance, is equivalent to an offer and refusal unless, before performance is actually due, the creditor gives notice to the debtor of the creditor's willingness to accept performance.
History: En. Sec. 2053, Civ. C. 1895; re-en. Sec. 4953, Rev. C. 1907; re-en. Sec. 7455, R.C.M. 1921; Cal. Civ. C. Sec. 1515; Field Civ. C. Sec. 731; re-en. Sec. 7455, R.C.M. 1935; R.C.M. 1947, 58-432; amd. Sec. 765, 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