28-1-406. What conditions must be performed before requiring performance by another. Before a party to an obligation can require another party to perform any act under it, the party shall fulfill all conditions precedent to the act imposed upon that party and must be able and offer to fulfill all concurrent conditions imposed upon that party on the like fulfillment by the other party, except as provided by 28-1-407.
History: En. Sec. 1955, Civ. C. 1895; re-en. Sec. 4903, Rev. C. 1907; re-en. Sec. 7405, R.C.M. 1921; Cal. Civ. C. Sec. 1439; Field Civ. C. Sec. 681; re-en. Sec. 7405, R.C.M. 1935; R.C.M. 1947, 58-209; amd. Sec. 748, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 1. Obligations in General
Part 4. Conditional Obligations
28-1-401. What obligations are conditional
28-1-403. Condition precedent defined
28-1-404. Condition concurrent defined
28-1-405. Condition subsequent defined
28-1-406. What conditions must be performed before requiring performance by another
28-1-407. When prior performance of conditions excused
28-1-408. Condition involving forfeiture to be strictly construed