28-11-201. Obligation of guarantor not to exceed that of principal. The obligation of a guarantor must be neither larger in amount nor in other respects more burdensome than that of the principal, and if in its terms it exceeds it, it is reducible in proportion to the principal obligation.
History: En. Sec. 3633, Civ. C. 1895; re-en. Sec. 5669, Rev. C. 1907; re-en. Sec. 8184, R.C.M. 1921; Cal. Civ. C. Sec. 2809; Field Civ. C. Sec. 1547; re-en. Sec. 8184, R.C.M. 1935; R.C.M. 1947, 30-204.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 11. Guaranty, Indemnity, and Suretyship
Part 2. Guaranty -- Liability and Exoneration of Guarantor
28-11-201. Obligation of guarantor not to exceed that of principal
28-11-202. Liability under guaranty of incomplete contract
28-11-203. Liability under guaranty of illegal contract or contract void against principal
28-11-204. Liability under guaranty that obligation is good or collectible
28-11-205. When guarantor of payment or performance becomes liable
28-11-206. Liability upon guaranty of conditional obligation -- notice of default
28-11-207. through 28-11-210 reserved
28-11-211. When guarantor exonerated
28-11-212. Rescission of alteration -- liability not restored
28-11-213. Guarantor not exonerated by delay of creditor
28-11-214. Guarantor not exonerated by discharge of principal
28-11-215. Exoneration of guarantor indemnified by principal
28-11-216. Effect of part performance on guarantor's liability