28-1-502. How right of selection lost. If the party having the right of selection between alternative acts does not give notice of the selection to the other party within the time, if any, fixed by the obligation for that purpose or, if a time is not fixed, before the time at which the obligation ought to be performed, the right of selection passes to the other party.
History: En. Sec. 1971, Civ. C. 1895; re-en. Sec. 4908, Rev. C. 1907; re-en. Sec. 7410, R.C.M. 1921; Cal. Civ. C. Sec. 1449; Field Civ. C. Sec. 686; re-en. Sec. 7410, R.C.M. 1935; R.C.M. 1947, 58-214; amd. Sec. 750, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 1. Obligations in General
Part 5. Alternative Obligations
28-1-501. Who may select between alternative performances
28-1-502. How right of selection lost
28-1-503. One alternative to be selected in its entirety
28-1-504. When obligation to be interpreted as though a particular alternative did not exist