28-1-407. When prior performance of conditions excused. If a party to an obligation gives notice to another, before the latter is in default, that the party will not perform the obligation and does not retract the notice before the time at which performance upon that party's part is due, the other party is entitled to enforce the obligation without previously performing or offering to perform any conditions upon the other party's part in favor of the party giving notice.
History: En. Sec. 1956, Civ. C. 1895; re-en. Sec. 4904, Rev. C. 1907; re-en. Sec. 7406, R.C.M. 1921; Cal. Civ. C. Sec. 1440; Field Civ. C. Sec. 682; re-en. Sec. 7406, R.C.M. 1935; R.C.M. 1947, 58-210; amd. Sec. 749, 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